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?
Mar 27, 2015, 11:28 AM EDT
So far so good in Tanaka’s attempt to avoid Tommy John surgery.
Mar 27, 2015, 11:09 AM EDT
Good intentions are never enough.
Mar 27, 2015, 10:47 AM EDT
Howie Kendrick’s replacement.
Mar 27, 2015, 10:15 AM EDT
Ludwick signed a minor-league deal with the Rangers in early February and it would have paid $1.75 million if he made the team at age 36.
Mar 27, 2015, 9:39 AM EDT
But it probably doesn’t matter because a reinstated Rose would be pretty limited to begin with.
Mar 27, 2015, 9:14 AM EDT
And 15 MLB teams are now worth at least $1 billion, according to Forbes.
Mar 27, 2015, 8:42 AM EDT
Dave Righetti thinks it may have to do with weight training.
Mar 27, 2015, 7:47 AM EDT
Kudos to Epstein for a good answer. Kudos to Schilling for a couple of more probing questions.
Mar 26, 2015, 11:02 PM EDT
In a first-person essay for The Player’s Tribune, Red Sox slugger David Ortiz came out swinging against his critics.
Mar 26, 2015, 9:50 PM EDT
The Mets are keeping an eye on the Dodgers and Rockies as they look to replace Josh Edgin.
Mar 26, 2015, 9:10 PM EDT
Are they ready to contend?
Mar 26, 2015, 8:29 PM EDT
Robertson signed a four-year, $46 million deal with the White Sox over the winter to be their new closer.
Mar 26, 2015, 7:31 PM EDT
After failing to reach an agreement with the Astros last year, unsigned No. 1 overall pick Brady Aiken underwent Tommy John surgery.
Mar 26, 2015, 6:25 PM EDT
It will be Gallardo’s sixth straight Opening Day start and first as a member of the Rangers.
Mar 26, 2015, 5:32 PM EDT
Even after all of these years, baseball’s preeminent B.S. shoveler remains on top of his game.
Mar 26, 2015, 4:07 PM EDT
Which doesn’t mean that Citi Field has gotten less safe. It does mean, however, that the Mets will have a much harder job convincing people of that.
Mar 26, 2015, 3:45 PM EDT
Burton had a 4.36 ERA and 46/25 K/BB ratio in 64 innings for the Twins last season.
Mar 26, 2015, 3:25 PM EDT
Archer will be the first pitcher other than David Price or James Shields to start Opening Day for the Rays since 2007.
Mar 26, 2015, 2:51 PM EDT
The pitching is great and the offense should be better. But is better good enough?
Mar 26, 2015, 2:22 PM EDT
“I’ve had enough of St. Louis.”
- David Ortiz: “Nobody in MLB history has been tested for PEDs more than me” 88
- 2015 Preview: Chicago Cubs 11
- Unsigned 2014 No. 1 overall pick Brady Aiken undergoes Tommy John surgery 54
- 2015 Preview: Seattle Mariners 15
- Cardinals add “OT” patch for Oscar Taveras 76
- 2015 Preview: Pittsburgh Pirates 13
- 2015 Preview: San Diego Padres 22
- MLB is looking into some strange gambling tweets involving Marlins pitcher Jarred Cosart 47
- Ex-Cardinals outfielder Curt Ford was assaulted in St. Louis and told to “go back to Ferguson” (115)
- College baseball player cut after making offensive tweet about Mo’ne Davis (115)
- Mo’ne Davis says college ballplayer who wrote an offensive tweet about her deserves a second chance (88)
- David Ortiz: “Nobody in MLB history has been tested for PEDs more than me” (87)
- Cardinals add “OT” patch for Oscar Taveras (76)