Feb 5, 2013, 12:32 PM EDT
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.
- And That Happened: Thursday’s scores and highlights 36
- Alex Gordon and the M-V-P chants 31
- Could women play major league baseball? Sure. Right now, though, the deck is stacked against them. 211
- And That Happened: Wednesday’s scores and highlights 63
- David Price surrenders nine consecutive hits to the Yankees in the worst start of his career 29
- Video: Jorge Soler homers in his first major league at-bat 31
- Adam Wainwright has a “dead arm” 42
- HBT Daily: Alex Gordon and the Royals keep on rolling 12
- The Cubs grounds crew was short staffed because the Cubs were trying to avoid Obamacare (247)
- Could women play major league baseball? Sure. Right now, though, the deck is stacked against them. (211)
- Forgiveness for Pete Rose? Not in this lifetime (145)
- Albert Pujols plays the “you never played the game!” card (102)
- Great Moments in Drug Testing and Punishment: The NFL Edition (101)