Why No Replay Review?

[Texas Aggie]

I'm not convinced Berkman's shot didn't hit the foulpole.

It didn't. You could see the shadow clearly in one replay, and the ball's path was unaffected.

I've got the ball clearly over the stands when there's contact with the fielder's glove.

You need to watch the replay again. The ball is easily 10-15 feet (perhaps more; hard to tell for sure) in the air and over the warning track while there is the initial contact with the glove. Hard to judge how far away from the fence, but it is not over the stands.