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?
Jul 29, 2014, 5:00 AM EDT
A three run lead and Rafael Soriano on the hill usually leads to an un-tuck fest. Not last night it didn’t.
Jul 28, 2014, 11:41 PM EDT
The Red Sox hold some interesting cards going into Thursday’s trade deadline.
Jul 28, 2014, 10:26 PM EDT
With three hits against the Rangers this evening, Yankees shortstop Derek Jeter has passed Hall of Famer Carl Yastrzemski for seventh-place on baseball’s all-time hit list.
Jul 28, 2014, 9:20 PM EDT
The Giants currently have two players sidelined with concussions. Brandon Belt appears closer to returning than Hector Sanchez.
Jul 28, 2014, 8:28 PM EDT
Mark Teixeira is out of the Yankees’ starting lineup for the eighth straight game tonight due to a lower lat strain, but he’s aiming to make his return tomorrow.
Jul 28, 2014, 7:29 PM EDT
It’s not a big deal, but the Blue Jays and Royals have pulled off a trade this evening which will send infielder Danny Valencia to Toronto and catcher Erik Kratz and right-hander Liam Hendriks to Kansas City.
Jul 28, 2014, 6:51 PM EDT
We heard yesterday that the Dodgers have been in touch with the Red Sox about a deal for left-hander Jon Lester, but they figure to have plenty of competition leading up to Thursday’s non-waiver trade deadline.
Jul 28, 2014, 6:17 PM EDT
An impending free agent, Justin Masterson owns a disappointing 5.51 ERA over 18 starts this season and is currently on the disabled list with right knee inflammation.
Jul 28, 2014, 5:34 PM EDT
Looks like he picked the wrong week to not stop doing amphetamines.
Jul 28, 2014, 5:17 PM EDT
A’s outfielder Craig Gentry began the season on the disabled list with a back injury and now, after hitting just .264 with zero homers and a .625 OPS in 80 games, he’s going on the shelf again with a broken hand.
Jul 28, 2014, 5:03 PM EDT
Do the right thing and good things happen. Not always, but here, yes.
Jul 28, 2014, 4:46 PM EDT
Two weeks ago the Yankees acquired Jeff Francis from the A’s as a roster reinforcement, but now they’ve designated the journeyman left-hander for assignment.
Jul 28, 2014, 4:00 PM EDT
After a couple months worth of reports that Cole Hamels is not on the market . . . maybe he’s on the market.
Jul 28, 2014, 3:45 PM EDT
Bedard was demoted from the rotation to the bullpen three weeks ago, but has barely pitched since then and at age 35 could be nearing the end of the line.
Jul 28, 2014, 3:15 PM EDT
At this point I’m almost convinced that the ground balls are purposely doing strange things just to test the limits of what Simmons is capable of.
Jul 28, 2014, 3:04 PM EDT
Life begins at 37.
Jul 28, 2014, 2:44 PM EDT
Last week the Cubs designated infielder Darwin Barney for assignment and now Mark Gonzales of the Chicago Tribune reports that they’re close to trading him to the Dodgers.
Jul 28, 2014, 1:51 PM EDT
Twins outfielder Oswaldo Arcia was unhappy about striking out yesterday against the White Sox, so he snapped his bat over his knee, Bo Jackson-style.
Jul 28, 2014, 1:39 PM EDT
The NFL weighed in on domestic violence and concluded “eh, no big deal.” MLB has tended to avoid the matter altogether.
Jul 28, 2014, 1:18 PM EDT
Braves right fielder Jason Heyward left this afternoon’s game what the team is calling lower back soreness.
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