Barry Bonds‘ trial has been well publicized and discussed.  From the news stories we hear Bonds’ mistress, Kimberly Bell, testify about his perceived steroid rage and the growing (and shrinking) parts of his body.  We hear Kathy Hoskins, Bonds’ former personal shopper testify that Greg Anderson, Bonds’ longtime trainer, injected Bonds with “a little something for when [Bonds goes] on the road.”  We also hear former Major League Baseball players, specifically the Giambi brothers and Randy Velarde, testify that they also had relationships with Anderson and knew he was giving them steroids.  We hear Michael Murphy, the longtime San Francisco Giants’ clubhouse manager, testify that Bonds’ hat size increased significantly from the time he began with the Giants until he retired.  All of this testimony was widely publicized … so how did they become evidence in this trial?

I hosted a seminar featuring Professor Marc Ginsberg at The John Marshall Law School in Chicago, regarding these issues in evidence. Obviously, the Rules of Evidence are much more complicated, with many more rules and exclusions and exemptions, but this will be a small primer.  What Professor Ginsberg brought to light was that in 2010 in U.S. v. Barry Bonds, the Ninth Circuit paved the way for how the Government was eventually going to try the most recent suit that led to Bonds conviction.  In the 2010 case, the Ninth Circuit ruled that the Government could not introduce into evidence the Bay Area Laboratory Co-Operative (BALCO) laboratory records that presumably linked Bonds, because there were no other reliable witnesses, other than Anderson (who refused to testify, sat in jail, and was considered an unavailable witness) who could lay a proper foundation for the introduction of these important records.  The Government needed to come up with another way to prove Bonds took steroids and lied about it … and it decided to introduce all of the testimony that we eventually saw played out on news stories across the country.

Evidence needs to be relevant in order to be admitted.  This means that if the thing you are trying to admit has any tendency to make the existence of a fact more or less probable, then it can be admitted.  However, some relevant evidence is still inadmissible if the “prejudicial value outweighs the probative value.”  What this means is that if the Judge finds that the piece of evidence helps prove the existence of a fact, then the Judge needs to decide whether that piece of evidence will be prejudicial.  Another important evidentiary issue that presented itself in Bonds’ trial is hearsay.  Hearsay is an out of court statement, in any form, offered in court to “prove the truth of the matter asserted” … unless there is an exception.  The prosecutors in Bonds’ matter were able to use those exceptions in order to get some of the major testimony admitted.

The prosecutors, through all of the testimony, attempted to show there was a deep connection between Bonds and BALCO; Professor Ginsberg ran through some of the evidentiary issues that the prosecutors encountered in order to do so.  Why was the other Major League Baseball players’ testimony relevant?  Because it would allow the jury, by inference, to piece together that Bonds had to be completely naïve if he believed he was not taking steroids supplied by Anderson, even though all of Anderson’s other clients testified they were supplied and took steroids.

What about Kimberly Bell’s, or Michael Murphy’s testimony?  Why would they be able to testify about parts of Bonds’ body and his anger?  As Professor Ginsberg addressed, this was admitted because witnesses can testify as to what they have seen; and Kimberly Bell saw certain body parts of Bonds getting smaller and bigger, and witnessed firsthand his anger.  Michael Murphy did not testify as to what effect steroids have on the size of Bonds’ head; he just testified that Bonds hat size grew.  This testimony does not go into what steroids do to a person’s body or to their personality, so it is not being presented for “the truth of the matter asserted” … but a doctor can (and did) testify as to what steroids do to an ordinary person’s body and personality.  The jury, again, can piece together all of Bonds’ actions with those actions of an ordinary person on steroids.  What about the secret recordings of Anderson, talking about detectability, or Kathy Hoskins’ testimony that Bonds told her his injection was “a little something for when I go on the road.”  Isn’t this hearsay?  Professor Ginsberg pointed out these pieces of evidence were admitted because an exception to the hearsay rule is “admission of party opponent,” and those statements were from Bonds directly, so they were admitted.  The recordings were admissible because Anderson is unavailable as a witness, and the previously recorded statements were against his legal interests because the statements dealt with illegal steroid use at the time of the recording.  Obviously, there were many more issues and much more testimony that was presented at the trial.  But Professor Ginsberg touched on some of the “highlights” of the trial and how this damning evidence was admitted.

Barry Bonds’ case has brought up many issues as it relates to the Rules of Evidence.  It also raises concerns regarding clients and their legal issues, as attorneys are very clever in gathering and admitting evidence.  Just how Bonds’ case plays out in the future (Appeal?  Another trial?) is yet to be seen.

Hard-Hitting Evidence in the Barry Bonds’ Trial: How They Got It In from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Baseball

• One scout thinks the chances of Paxton’s stock going up is very slim [Former Blue Jays pick James Paxton aims to rebuild draft status at Grand Prairie].
• He’s a lot different than many other agents – he looks like a rabbi [Batting 1.000].
• I don’t think the union will take up the Barry Bonds issue, but it will be interesting to see how the union confronts the other two possible instances of collusion [More MLB Collusion in 2010? Unions' Claims Keep Coming].
• The current state of the super-two salary arbitration designation may not make it past negotiations regarding baseball’s next collective bargaining agreement [Strasburg’s station based on dollars, not sense].
• Tim Dierkes of MLBTradeRumors shows no love for SFX in their representation of Bengie Molina [Baseball Players Looking At Wrong Numbers].

Tennis

• Andy Roddick has turned the fact that he sweats a lot into an opportunity to make money [Roddick To Endorse New Sports Beverage].

Basketball

• Would be a huge win for LRMR [Wall could soon join LeBron’s marketing firm].
• LeBron James signing for NBA minimum salary? [Bob Hunter commentary: Cavs star can make more by making less]

Shabbat Shalom: Friday Wrap-Up (4/16/2010) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

In 1993, Gilbert was sharing headlines with Scott Boras in publications like Sports Illustrated.  He was able to achieve record breaking deals for clients whose names you have heard a few times before: Bobby Bonilla, Jose Canseco, Barry Bonds.  He also represented George Brett.

Beverly Hills Sports Council (BHSC) still exists today, and over a decade ago, Gilbert was the head honcho at the agency.  He started the company with Jeff Borris and Rick Thurman, who along with Danny Lozano and Dan Horwitz, are still in charge of BHSC today.  And Gilbert did not pay much attention to the draft.  He left that chore for Scott Boras to handle, a competitor of Gilbert’s, who was even loathed by owners back then, sixteen years ago.  Boras used and continues to use a claiming negotiating approach, while Gilbert was known by owners as someone who could create value for both sides in a cooperative style.

In 1999, Gilbert retired and put his sports agent hat in his closet.  Immediately, he took on his current role of special assistant to Jerry Reinsdorf.

In 2002, Gilbert funded a baseball field in South Central L.A. that cost $1.5 million to build (now the home to MLB’s RBI Youth Program).  That is pennies compared to what he will have to pay to own the rights of the much larger Rangers Ballpark in Arlington.

Dennis Gilbert May Buy The Rangers from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Earlier this week, Jimmy Scott’s High & Tight interviewed former MLB player, Desi Relaford.  Jimmy gave me a tip to check it out because the topic turned to Desi’s agents.  Instead of listening to the long clip, I started in that particular area of conversation, which begins around the 27 minute mark.

Desi originally signed Beverly Hills Sports Council before switching to Professional Sports Planners later in his career.  When Desi was released by Colorado in 2005, his relationship with BHSC started to become rocky.  It would take him a couple weeks to a couple months to get calls back from the agency.  Desi felt like he was low on the totem pole, which he says happens to a lot of BHSC clients as their careers begin to start declining.  Desi believed he still had it in him to play professional ball and did not feel as though the two agents (he does not mention specific names) designated to him were truly supporting his cause.  He dropped BHSC and found his next MLB job with the help of his wife.  Desi said that he needed to make a change on representation and that it did not matter who he signed with.  He switched to PSP and is still with them to this day.

Desi Relaford made some strong accusations against BHSC and completely dissed the company’s professionalism.  He mentioned that there was a time where he didn’t talk to his agents for 6 months, even though he had made many efforts to reach out to them.

I bet you Barry Bonds does not feel the same way about BHSC.  I cannot remember a week in the past year that there was not an article published in some paper about Jeff Borris (agent at BHSC) complaining about MLB teams colluding against Bonds.  I bet Desi and others wish they had the same kind of treatment.

And for some old school Desi…

Desi Relaford Bashes Beverly Hills Sports Council from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Back in November, I wrote about the Pittsburgh Pirates global recruiting effort, especially the pickup of Rinku Singh and Dinesh Patel, contestants in India’s “Million Dollar Arm” reality TV contest.  While their future within the Pirates’ organization is still unknown, Darren Rovell reported on Monday with updates to their story.  When I mentioned last time that the two were being represented by Jeff Borris, Barry Bonds’ agent, I was unaware that they had employed Bonds’ marketing agent Jeff Bernstein as well.  Bernstein was also the creator of the “Million Dollar Arm” show.

Singh and Patel have yet to even be assigned to a team in the Pirates system, but Bernstein is busy creating marketing opportunities for the duo.  Film producer Mark Ciardi is shopping the film rights to their story to Disney and Miramax, among other financiers and studios.  Bernstein noted that he will seek out product placement deals once the film rights have been sold.  He has also had success in finding the two pitchers a substantial amount of sponsorships, considering the hard economic times.  These deals include UnderArmour, Wilson, Upper Deck and Playoff (trading cards).  Bernstein has also used their ethnicity to their advantage, garnering a sponsorship deal with Ethnic Kitchen, a frozen Indian food producer.

Update on the Pirates’ Indian Hurlers from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The first two paragraphs of Article XX Section E of the 2007-2011 MLB Basic Agreement reads as follows:

(1) The utilization or non-utilization of rights under Article XIX(A)(2) and Article XX is an individual matter to be determined solely by each Player and each Club for his or its own benefit. Players shall not act in concert with other Players and Clubs shall not act in concert with other Clubs.

(2) Upon any finding of a violation of Section E(1) of this Article XX by two or more Clubs, any injured Player (or Players) shall be entitled to recover in monetary damages three (3) times the lost baseball income, he (or they) would have had but for the violation. Such lost baseball income shall be limited to lost salary and other lost contractual terms, including lost additional contract years, lost signing bonuses, lost trade restriction provisions, lost option buyout provisions, and lost incentive bonuses (e.g., performance, awards, attendance and weight bonuses). Damages (and fees and interest) may be recovered only from the Clubs found to have violated Section E(1) of this Article XX.

So but for the violation, what would have Bonds made this past season?  It depends on what an arbitrator would find to be the proper amount.  Bonds made more than $15 million in his final season with the Giants.  Do you use that figure and multiply it by three, or do you use the minimum major league salary that Borris was pushing for ($390,000), which no team would offer to pay?

The Cost Of Collusion from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

“With (Carl) Crawford and (Evan) Longoria going down simultaneously, I thought I’d make one last vain attempt to reach out to Tampa Bay, and to no avail,” Borris told FOXSports.com.

And then Borris returned to his normal shpiel…that of collusion.

“That’s because Major League Baseball has been successful in their pursuit in blackballing Barry out of the game.”

In the midst of all of this, Borris may be burning bridges with Tampa Bay execs by going public about his text message campaign.

“I’m not sure what Jeff Borris is trying to accomplish by saying he sent me a text message,” Friedman said. “But our longstanding practice is not to comment on anything speculative.”

At Least You Can’t Say That Borris Isn’t Trying from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Is money the issue?  Bonds has expressed that he will play for a pro-rated share of the major league-minimum salary of $395,00 with the funds donated to charity.  Still, no team has expressed an interest in Bonds.  Are steroids the issue?  While Bonds is the poster boy of the steroid era, Major League Baseball is currently littered with steroid users.  Players such as Jason Giambi and Andy Pettitte have admitted using steroids and HGH, yet this has not prevented them from earning millions of dollars on major league rosters.  The same can be said about other players named on the Mitchell Report such as Gary Sheffield, Miguel Tejada and Rick Ankiel.  Is Bonds’ character the issue?  I doubt that as well.  Manny Ramirez in recent weeks shoved the Red Sox traveling secretary to the ground, slapped a teammate in the dugout, and sat out an important game against the New York Yankees for no apparent reasons.  Yet these character flaws will not prevent Ramirez from signing a multimillion dollar deal in the offseason.  Philadelphia Phillies pitcher Brett Myers was arrested and charged with assault after punching his wife Kim Myers after an argument in 2006.  Yet Myers was welcomed back to the Phillies.

Bonds, now 45 years old, is reportedly in great shape.  Bonds’ agent, Jeff Borris, said Bonds told him:

“He would be ready in a very short period of time. He thinks he can be ready 10 days, two weeks. And with the first trading deadline coming up, I can’t understand why my phone is not ringing off the hook.  No one is even asking about him.  I talk to the clubs every day for a variety of reasons and his name is never brought up anymore. I’m more convinced now than ever that he won’t be in a major league uniform in 2008, and I think that’s a pathetic way for him to go out. I think he’s deserving of better. He gave his heart and soul to this game.”

Union head Donald Fehr recently examined possible collusion against Bonds, but has yet to file a formal grievance.  Borris hinted at the possibility of collusion:

“If everything were fair and equal in the world, Barry should get a fair market value offer,” he said. “But since everything is not fair and equal, I decided to offer him for the minimum. I thought for sure there would be a taker, and there were none. If that doesn’t raise the level of suspicion, I don’t know what does.”

Major League Baseball is filled with players named on the Mitchell Report; players with poor character and players with criminal records.  These players continue to sign million dollar contracts.  Yet Barry Bonds, possibly the greatest player in our generation, if not in all of Major League Baseball history, the player who led baseball in O.B.P. in 2007, remains unsigned.  Any team can have Bonds’ services for the small price of $395,000.  Yet not a single team has shown any interest at all in Bonds.  Smells like collusion to me.  Stay tuned to see how this story plays out.

Cries of Collusion from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

“[Barry Bonds] has nothing to prove there,” Jeff Borris told the Associated Press. “He doesn’t need to go to an independent team and hit two home runs a night hoping to get attention to prove that he still has the skills that would warrant him playing at the major league level.”

Well now that you put it that way, Mr. Borris, I challenge you to put Barry Bonds on an independent league team. I will bet that he does not average two home runs a game in however long his stint is with that organization.  Just because your client cannot find a single team to pay him a low six-figure salary for the remainder of this season (even the Yankees are balking on him), you have to go out and attack independent leagues like the Atlantic League?

In fact, I am not even sure that Barry Bonds would have a spot on the Long Island Ducks starting roster.  Their outfielders include Carl Everett, Nook Logan, and Richard Hidalgo.

Independent League Teams May Not Even Want Bonds from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

• Barry Bonds has a Blackberry that works. If you are an MLB GM, he will wait for your call, even if it comes midway through the 2008 season [Bonds: 'I'm not going to retire'].
• DeAngelo Hall is going from one troubled team to another, but will surely enjoy his paycheck [Source: After trade to Raiders, Hall to get seven-year, $70 million deal].
• Unlike Hall, Les Miles decided to stick around his old team (albeit a much better team), and signed a new deal to coach LSU at a price of at least $3.751 million a year for 5 years [LSU, Miles agree on restructured five-year deal].
• Add the GM of the Cleveland Indians to the vocal sports community backing Obama [Showing support for Obama].
• Right alongside Scott Boras, Drew Rosenhaus is constantly covered by the media [Rosenhaus helps clients get dream and green].
• Leigh Steinberg continues his mission to make the world more green [Meet Minneapolis Names Leigh Steinberg Keynote Speaker for Annual Meeting].
• Interested in finding out where the AP Top 25 college basketball teams’ coaches publicly donate their money? [Top 25 BB coaches donate to… more hoops.]

This week’s featured post is Paul Schackman’s 3rd installment of his 2008 NFL Mock Draft. You can find it on the right hand column by clicking Featured.

Shabbat Shalom: Friday Wrap-Up from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules