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 23, 2014, 12:05 PM EDT
Xander Bogaerts was hit in the head by a Felix Hernandez pitch on Friday night, but the rookie says he is fine. He is not in Saturday afternoon’s lineup.
Aug 23, 2014, 12:04 PM EDT
The Reds have lost seven straight and are currently on pace for their worst season since 2008, but Walt Jocketty is expected to return as general manager next season.
Aug 23, 2014, 11:05 AM EDT
Nationals right-hander Doug Fister revealed last night that he had skin cancer removed from the left side of his neck this week.
Aug 23, 2014, 10:12 AM EDT
Many around the game were underwhelmed when the Rays acquired Drew Smyly, Nick Franklin, and Willy Adames in the three-team David Price deal last month. It will probably take years before we can make a fair assessment, but the early returns are positive for Tampa Bay.
Aug 23, 2014, 9:32 AM EDT
The Tigers turned to infielder Andrew Romine to pitch in a blowout last night.
Aug 23, 2014, 8:56 AM EDT
A quick recap of a busy Friday around MLB, including an important AL West battle.
Aug 22, 2014, 11:55 PM EDT
Garrett Richards had surgery to repair a torn patellar tendon in his left knee, meaning he’ll be out between six and nine months.
Aug 22, 2014, 11:05 PM EDT
The frustrating blackout restrictions could come to an end as early as 2015, according to Maury Brown of Forbes.
Aug 22, 2014, 10:10 PM EDT
Felix Hernandez has struck out 200-plus batters in each of the last six seasons, something no other starting pitcher will have done when the season is over.
Aug 22, 2014, 9:17 PM EDT
Mike Minor is on point in Cincinnati against the Reds on Friday night.
Aug 22, 2014, 9:15 PM EDT
The Giants don’t have any plans to move Buster Posey out from behind the plate just yet, even though his numbers are much better as a first baseman.
Aug 22, 2014, 8:20 PM EDT
The Dodgers’ Triple-A affiliate will reportedly move from Albuquerque, New Mexico to Oklahoma City, Oklahoma for the 2015 season.
Aug 22, 2014, 7:25 PM EDT
Kyle Lohse was dealing with a sore right ankle, but is expected to rejoin the Brewers’ rotation on Monday to start against the Padres.
Aug 22, 2014, 6:33 PM EDT
Manny Machado’s season is likely over, as he is expected to undergo season-ending knee surgery within a week, according to a report.
Aug 22, 2014, 6:20 PM EDT
According to Peter Gammons, the Orioles and Yankees are “claiming everyone” on waivers, which will make it difficult for the Angels to improve their starting rotation after losing Garrett Richards.
Aug 22, 2014, 5:28 PM EDT
His latest, a solo shot off Orioles right-hander Kevin Gausman.
Aug 22, 2014, 3:45 PM EDT
Sometimes the life of a player with a minor-league option remaining just isn’t fair.
Aug 22, 2014, 3:36 PM EDT
One window doesn’t work and there is no air conditioning. It has 166,000 miles on it. Which, actually, isn’t that bad. Hmmm . . .
Aug 22, 2014, 3:19 PM EDT
Oakland’s outfield depth just got a little stronger with Craig Gentry coming off the disabled list after missing the past month with a broken hand.
Aug 22, 2014, 2:57 PM EDT
Seven games in ten days for the AL West leaders
- Settling the Score: Friday’s results 7
- Mike Minor loses his no-hit bid with two outs in the eighth 5
- Manny Machado to undergo season-ending knee surgery 32
- The Cubs grounds crew was short staffed because the Cubs were trying to avoid Obamacare 240
- Cuban outfielder Rusney Castillo to sign with the Red Sox for $72 million 96
- And That Happened: Thursday’s scores and highlights 31
- The Nationals extend their winning streak to 10 games with another walk-off victory 12
- Garrett Richards out 6-9 months with torn patellar tendon 14
- The Cubs grounds crew was short staffed because the Cubs were trying to avoid Obamacare (240)
- Mike Matheny addresses turmoil in Ferguson: “It’s a sad situation. It’s a tough situation for our city” (127)
- Cuban outfielder Rusney Castillo to sign with the Red Sox for $72 million (96)
- A pitch clock in Major League Baseball? No thanks. (92)
- Even if he’s reinstated, does Pete Rose make the Hall of Fame? (86)