Feb 13, 2013, 9:06 AM EDT
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.
Ruben Amaro on Andy Oliver’s decision to elect free agency: “I think it was a very foolish move on his part, but that’s OK.”
Apr 17, 2015, 11:30 PM EDT
Ruben Amaro seems a little upset that Andy Oliver didn’t want to start the season with Triple-A Lehigh Valley.
Apr 17, 2015, 10:50 PM EDT
The Mets will be stretching out Rafael Montero as a starter at Triple-A Las Vegas before bringing him back to the majors for a spot start against the Marlins.
Apr 17, 2015, 9:58 PM EDT
Mike Trout became the youngest to join the 100/100 club with a two-run home run on Friday night.
Apr 17, 2015, 9:17 PM EDT
Alex Rodriguez has two home runs on Friday night, leaving him two round-trippers shy of tying Willie Mays for fourth on the all-time home run leaderboard.
Apr 17, 2015, 9:11 PM EDT
Matt Carpenter made a cool maneuver to score the tying run in the bottom of the first against the Reds on Friday night.
Apr 17, 2015, 8:45 PM EDT
Neither side was warned, but Ubaldo Jimenez was ejected for hitting Pablo Sandoval with a pitch on Friday evening.
Apr 17, 2015, 7:50 PM EDT
A-Rod is now three home runs away from tying Willie Mays for fourth on the all-time home run leaderboard.
Apr 17, 2015, 7:15 PM EDT
Since 2000, how often have teams that started 9-1 went on to have playoff success?
Apr 17, 2015, 6:20 PM EDT
Mark Buehrle, baseball’s timeless left-hander, is reportedly considering retiring after the season.
Apr 17, 2015, 5:28 PM EDT
Well, he’s certainly not getting the support of the Los Angeles Angels.
Apr 17, 2015, 5:13 PM EDT
Apr 17, 2015, 4:16 PM EDT
Duensing had an ugly outing Thursday in which he turned a blowout into a save situation for closer Glen Perkins.
Apr 17, 2015, 3:41 PM EDT
Ryan Goins, who was called up from Triple-A, is expected to be Reyes’ primary fill-in at shortstop.
Apr 17, 2015, 3:15 PM EDT
And call up infielder Danny Muno.
Apr 17, 2015, 2:47 PM EDT
OK, maybe that’s a bit strong.
Apr 17, 2015, 2:17 PM EDT
Sanchez was the fourth overall pick in the 2009 draft.
Apr 17, 2015, 1:42 PM EDT
Left-hander Kyle Lobstein will continue to fill in for Verlander.
Apr 17, 2015, 12:30 PM EDT
We want more of this? Really?
Apr 17, 2015, 11:37 AM EDT
Stow used to work as an EMT at San Jose games. Good to see him back.
Apr 17, 2015, 11:20 AM EDT
Jose Abreu or Barbaro Canizares?
- Mike Trout hit his 100th career home run to become the youngest member of the 100 HR/100 SB club 7
- Make that two: Alex Rodriguez hits second homer of the night, giving him 658 for his career 24
- Alex Rodriguez hit his 657th career home run 43
- Let’s all just stare at Kris Bryant’s numbers for a while 27
- And That Happened: Thursday’s scores and highlights 39
- The wait is over: The Cubs are calling up top prospect Kris Bryant on Friday 99
- Carlos Gomez headed to disabled list with hamstring injury 11
- The Commissioner’s Office thinks that the Angels could indeed go after Josh Hamilton under his contract 153
- The Commissioner’s Office thinks that the Angels could indeed go after Josh Hamilton under his contract (153)
- “Why Ted Cruz is like the Atlanta Braves” (150)
- “We no longer need the terrorists. We’re now so good at terrorizing ourselves.” (143)
- Another argument in favor of making the DH universal (127)
- When it comes to Josh Hamilton, Arte Moreno is a craven opportunist, not a “smart businessman” (116)