Feb 13, 2013, 9:06 AM EST
Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.
To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”
What no one ever seems to mention, though, is that Bonds actually answered the question:
As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.
The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.” He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done. But he answered the question. Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:
Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.
Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.
Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.
Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.
Dec 17, 2014, 11:35 PM EST
According to CBS Sports’ Jon Heyman, the Orioles, Reds, and Mariners are among the possible landing spots for the 32-year-old free agent corner outfielder.
Dec 17, 2014, 10:18 PM EST
Jeff Samardzija, former Cubs starter and recent White Sox trade acquisition, was welcomed back to the Windy City prior to Tuesday night’s NHL game between the Chicago Blackhawks and visiting Minnesota Wild …
Dec 17, 2014, 9:24 PM EST
David Hernandez looked like a non-tender candidate after undergoing Tommy John reconstructive elbow surgery in April, but the Diamondbacks decided to keep him around …
Dec 17, 2014, 8:10 PM EST
Ken Rosenthal of FOX Sports reports that the Marlins, Braves, and Giants have all expressed interest in free agent starter Jake Peavy …
Dec 17, 2014, 7:02 PM EST
From CBS Sports’ Jon Heyman comes word that the Royals have agreed to terms on a two-year, $20 million free agent contract with Edinson Volquez.
Dec 17, 2014, 6:16 PM EST
A three-team, 11-player trade has been agreed upon between the Rays, Padres, and Nationals. It centers around outfielder Wil Myers.
Dec 17, 2014, 5:08 PM EST
He is expected to be able to resume baseball activities before Spring Training begins.
Dec 17, 2014, 4:16 PM EST
One-time Red Sox prospect trying to snag a bench gig.
Dec 17, 2014, 4:05 PM EST
If you don’t love Pedro Martinez there is no helping you.
Dec 17, 2014, 2:51 PM EST
Sticking together after seven seasons.
Dec 17, 2014, 2:31 PM EST
The pitcher denies there were issues. But now he’s off to Boston, so I guess it doesn’t matter.
Dec 17, 2014, 2:01 PM EST
Wil Myers’ replacement in Tampa Bay?
Dec 17, 2014, 12:53 PM EST
And if it blows up, it could impact the Jimmy Rollins trade too.
Dec 17, 2014, 12:30 PM EST
The Sox are getting themselves a handy reliever.
Dec 17, 2014, 12:12 PM EST
Seattle is looking for right-handed bats.
Dec 17, 2014, 11:53 AM EST
Right team, even if he picked the wrong position.
Dec 17, 2014, 11:15 AM EST
They’re getting lots of calls on him, though.
Dec 17, 2014, 11:10 AM EST
It appears as though it’ll only be a two-team trade, with Myers heading to San Diego.
Dec 17, 2014, 10:03 AM EST
Which could have some baseball implications
Dec 17, 2014, 9:46 AM EST
But he could start the home opener
- Royals sign Edinson Volquez for two years, $20 million 20
- Rays, Padres, Nationals agree to 11-player trade 75
- Sergio Romo re-signs with the Giants for $15 million 13
- So, apparently we’re sweating the Matt Kemp physical now 45
- The United States will seek to normalize relations with Cuba 141
- Marlins complete Michael Morse deal: two years, $16 million 18
- Padres, Rays, Mariners discussing trade involving Wil Myers 36
- It is perfectly clear that A-Rod is the Yankees’ DH. At best. So there will be no drama, right? 37
- Baseball’s highest-ranking Hispanic woman employee sues for discrimination (163)
- The United States will seek to normalize relations with Cuba (143)
- Cubs, Red Sox, Dodgers, Padres, Rangers, and Astros interested in Phillies’ Cole Hamels (110)
- Done Deal: Yoenis Cespedes and two players traded to Detroit for Rick Porcello and a minor leaguer (105)
- Chase Headley signs a four-year deal with the Yankees worth at least $52 million. (95)