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?
May 29, 2015, 12:52 PM EDT
43-years-old in years, 16 in temperament.
May 29, 2015, 12:50 PM EDT
Rios has been out since mid-April.
May 29, 2015, 12:16 PM EDT
Asche spent about three weeks in the minors.
May 29, 2015, 11:50 AM EDT
You can breathe now, Pirates fans. He’s back.
May 29, 2015, 11:19 AM EDT
Crisp is making $11 million this season and is owed $11 million next year.
May 29, 2015, 11:03 AM EDT
“. . . and that’s a good thing.”
May 29, 2015, 10:47 AM EDT
“Not quite ready.”
May 29, 2015, 10:30 AM EDT
Kluber is 3-0 with 50 strikeouts and two walks in his last 32 innings.
May 29, 2015, 10:15 AM EDT
His elbow was very well protected for the interview.
May 29, 2015, 9:01 AM EDT
The latest radical suggestion from the baseball commentariat is like all of the others: it’s a solution in search of a problem.
May 29, 2015, 8:23 AM EDT
Great Moments in Politics.
May 29, 2015, 7:13 AM EDT
Corey Kulber’s last four starts: 3-0 with 50 strikeouts and two walks in 32 innings. Yowza.
May 28, 2015, 11:39 PM EDT
Red Sox prospect left-hander Eduardo Rodriguez tossed 7 2/3 scoreless innings in his major league debut against the Rangers on Thursday.
May 28, 2015, 10:51 PM EDT
Rockies prospect David Dahl suffered a “massive laceration” in his spleen following an outfield collision Thursday and required season-ending surgery.
May 28, 2015, 10:03 PM EDT
Hamilton got a rousing ovation from the home crowd in his return to Texas.
May 28, 2015, 9:05 PM EDT
Jarrod Saltalamacchia was cut loose by the Marlins earlier this month after proving to be a disappointment in his three-year, $21 million contract, but the Diamondbacks are ready to give him a shot.
May 28, 2015, 8:22 PM EDT
Kazmir left his start yesterday against the Tigers after three innings with shoulder tightness, but it sounds like he might not have to miss much time.
May 28, 2015, 7:40 PM EDT
Tanaka has been sidelined since April 23 due to a right forearm strain and right wrist tendinitis.
May 28, 2015, 7:01 PM EDT
The 39-year-old Ortiz has just one hit in his last 20 at-bats and is batting an uncharacteristic .216/.303/.377 with six home runs and 18 RBI across his first 43 games this season.
May 28, 2015, 6:15 PM EDT
The Indians placed Santana on the paternity leave list Thursday following the birth of his daughter.
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