Breaking: Barry Bonds guilty of obstruction of justice, but not perjury. Which makes no sense at all.
Apr 13, 2011, 5:42 PM EDT
The jury in the Barry Bonds case has reached a verdict. At least on one count: Barry Bonds is guilty on the charge of obstruction of justice. The jury has reached a hung verdict on the other three remaining counts. This makes no sense at all.
Bonds was facing four charges in all: three counts of lying to a grand jury — one each about taking steroids, taking HGH and receiving injections of any kind — and one catch-all count. That was the obstruction charge. I’m not entirely sure how the jury could logically conclude that Bonds obstructed justice but not also conclude that he lied about the three specific topics for which he was accused of perjury. There were no allegations of any other acts of obstruction beyond his testimony. He didn’t destroy evidence, for example. If you have him for obstruction, how do you not have him on everything? What possible act beyond lying — which the jury is saying they can’t agree on — can they convict him of obstruction?
The maximum sentence Bonds can receive for the obstruction count is 10 years in prison and a $250,000 fine. That’s not going to happen, however: others who have been convicted of similar charges in the BALCO prosecutions with similar criminal records (i.e. none), have received probation, short jail sentences and/or home confinement. Most believe that Bonds would not receive anything greater. The next hearing in the case — which could be the sentencing, but could be something prior to sentencing — has been set for May 20th.
As for the other three: the government has the option to retry Bonds. I’d normally say that after all of this they wouldn’t bother. But then again, I thought they wouldn’t bother after most of their perjury evidence was thrown out on appeal, and yet they plowed ahead.
Now they have a conviction. On one count, and it’s a confusing verdict at that which could very well be the subject of a lot of post-trial procedure by the defense due to its logical inconsistency. If you thought a verdict would bring closure: think again.
UPDATE: More mystery. It’s being reported that the basis of the obstruction conviction was the jury finding that Bonds obstructed justice with respect to his “Statement C” as listed in Count 5. The underlined part of the following is “Statement C”
Q: Did Greg ever give you anything that required a syringe to inject yourself with?
A: I’ve only had one doctor touch me. And that’s my only personal doctor. Greg, like I said, we don’t get into each others’ personal lives. We’re friends, but I don’t – we don’t sit around and talk baseball, because he knows I don’t want – don’t come to my house talking baseball. If you want to come to my house and talk about fishing, some other stuff, we’ll be good friends, you come around talking about baseball, you go on. I don’t talk about his business. You know what I mean? …
A: That’s what keeps our friendship. You know, I am sorry, but that – you know, that – I was a celebrity child, not just in baseball by my own instincts. I became a celebrity child with a famous father. I just don’t get into other people’s business because of my father’s situation, you see…
That is the answer that, according to the jury, obstructed justice. This despite the fact that the government lawyers questioning him had every opportunity to follow up, to clarify and to tell Barry Bonds that he wasn’t answering their question. An opportunity that they didn’t take, presumably because at the time they didn’t think that the answer Bonds gave was particularly problematic.
So: Bonds saying that he was a “celebrity child” who didn’t get into anyone’s business obstructed justice and brought down a prosecution over seven years in the making.
You cool with that?
Aug 30, 2015, 12:03 AM EDT
A fan heckling Alex Rodriguez from the upper deck fell and died at Turner Field on Saturday night.
Aug 29, 2015, 11:05 PM EDT
The Royals will likely get Alex Gordon back when the calendar turns to September.
Aug 29, 2015, 10:10 PM EDT
Mariners manager Lloyd McClendon wants to keep Felix Hernandez fresh through the end of the season, so he’ll skip his ace’s start on Monday.
Aug 29, 2015, 9:15 PM EDT
Gavin Floyd will pitch out of the bullpen for the Indians when he is activated on Tuesday.
Aug 29, 2015, 8:20 PM EDT
The Brewers pulled Francisco Rodriguez back after he was claimed on revocable waivers last week.
Aug 29, 2015, 7:28 PM EDT
The Mets have bolstered their bullpen, acquiring Addison Reed from the Diamondbacks.
Aug 29, 2015, 7:15 PM EDT
Lance Lynn hurt his right ankle in the eighth inning of Saturday’s start versus the Giants.
Aug 29, 2015, 6:55 PM EDT
Max Stassi will return to the majors as Jason Castro was placed on the disabled list on Saturday.
Aug 29, 2015, 6:05 PM EDT
2016 will be Vin Scully’s last season behind the mic.
Aug 29, 2015, 5:26 PM EDT
Rzepczynski was just acquired by the Padres last month, but he could soon be on the move again.
Aug 29, 2015, 5:25 PM EDT
Encarnacion extended his hitting steak to 24 games and also drove in a career-high nine runs.
Aug 29, 2015, 4:22 PM EDT
Kimbrel won’t be traded this season.
Aug 29, 2015, 3:57 PM EDT
Gose had a costly brain camp this afternoon against the Blue Jays.
Aug 29, 2015, 2:13 PM EDT
Well done by the Trouts and the Angels.
Aug 29, 2015, 1:13 PM EDT
Mookie Betts and Mookie Wilson will meet Saturday afternoon at Citi Field.
Aug 29, 2015, 12:32 PM EDT
Indians manager Terry Francona has the ability to opt out of his contract if team president Mark Shapiro or general manager Chris Antonetti were to leave the organization.
Aug 29, 2015, 11:36 AM EDT
Morneau has been out since May 13 with a concussion symptoms and a cervical neck strain.
Aug 29, 2015, 10:45 AM EDT
The catwalk at Tropicana Field strikes again. After it robbed Twins rookie Miguel Sano of a home run on Thursday night, it fooled Rays outfield Kevin Kiermaier on this two-run homer from Royals designated hitter Kendrys Morales last night.
Aug 29, 2015, 10:06 AM EDT
Teixeira fouled a ball of his right leg on August 17 and hasn’t seen much in the way of improvement.
Aug 29, 2015, 9:35 AM EDT
With the Braves getting blown out by the Yankees last night, outfielder Jonny Gomes got an opportunity to pitch the top of the ninth inning. As you might expect, it was pretty entertaining.
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