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Barry Bonds’ appeal to be argued on February 13

Feb 5, 2013, 12:32 PM EDT

Closing Arguments Delivered In Barry Bonds Trial Getty Images

Barry Bonds still hasn’t had his appeal from his obstruction of justice conviction heard. His appellate panel was announced yesterday:

Senior Circuit Judges Mary M. Schroeder and Michael Daly Hawkins along with Judge Mary H. Murguia will hear oral arguments Feb. 13.

If Schroeder’s name seems familiar, that’s because it is:

She wrote an opinion in 2010 upholding U.S. District Judge Susan Illston’s ruling to bar the testimony of former Bay Area Laboratory Co-operative executive James Valente from Bonds’ trial, which led to the exclusion of some BALCO records that the government maintained included positive drug tests.

Which doesn’t mean that her vote is in the bag or anything. Because no matter what people like to think they know about how judges roll, judges roll entirely the way they want to. And because, you know, this appeal is a totally different situation than the evidentiary appeal Bonds won several years ago.

As for that appeal, I stand by what I wrote a couple of years ago: it’s a really, really tall order to have a jury verdict set aside.  It doesn’t happen often.  That said, given what I feel were bad jury instructions with respect to the obstruction of justice charge and the unusual and, in my view, incoherent he-didn’t-perjure-himself-but-he-did-obstruct-justice outcome of the trial, Bonds stands a better chance at winning this longshot than many criminal defendants.

  1. mybrunoblog - Feb 5, 2013 at 12:48 PM

    Barry Bonds….Really? Does anyone even care about this anymore?

    • kirkvanhouten - Feb 5, 2013 at 12:59 PM

      …says the man who saw a story about Barry Bonds, clicked to open it, and burned lean tissue to write a comment about said article.

      • paperlions - Feb 5, 2013 at 1:51 PM

        He can’t help it. Too many CEDs (comment enhancing drugs, which only enhance the number of comments, not their quality).

      • historiophiliac - Feb 5, 2013 at 2:11 PM

        I hear they also help you recover from significant down-thumbings quicker.

  2. Old Gator - Feb 5, 2013 at 1:18 PM


    Case dismissed.

    And now for a word from our sponsor.

    Here is a dull knife – but NOW you can select-tool with Veg-o-Matic! Slicing! Dicing! Clean crisp slices of onions – without tears! AMAZING!

    • heyblueyoustink - Feb 5, 2013 at 1:41 PM

      Peote with your coffee this morning, gator?

      • Old Gator - Feb 5, 2013 at 4:44 PM

        Naaahhh. Just a little ergot in my bran.

  3. historiophiliac - Feb 5, 2013 at 1:44 PM

    His handlers should really try to soften his image with a nice sweater.

    • kiwicricket - Feb 5, 2013 at 2:09 PM

      His head would look pretty comical in a turtle-neck.

      • historiophiliac - Feb 5, 2013 at 2:13 PM


        I totally can’t say what image popped into my mind first, as this is a family-friendly site.

      • paperlions - Feb 5, 2013 at 2:15 PM

        You have a dirty mind….this wouldn’t have happened if you had just suggested a T-shirt.

      • historiophiliac - Feb 5, 2013 at 2:19 PM

        “I’m with Dopey”?

  4. lazlosother - Feb 5, 2013 at 1:57 PM

    I hate to admit it, but I’m interested in this one. The trial outcome was perverse, and it seems that he actually has a shot. a reversal of this, on top of the Clemens trial would be an outrageous embarrasment for the prosecuters.

    How much has the government spent on this witch hunt?

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