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.
Feb 28, 2015, 11:45 PM EST
The Padres signed outfielder Tyson Gillies to a minor league deal, perhaps hopeful he could turn his fortunes around with a new organization.
Feb 28, 2015, 10:40 PM EST
The Diamondbacks want Yasmany Tomas to get as many at-bats as possible during spring training, so he’ll be starting at both third base and in the outfield.
Feb 28, 2015, 9:35 PM EST
It’s odd to hear Jimmy Rollins say nice things about the Mets.
Feb 28, 2015, 8:27 PM EST
The Blue Jays brought in Dayan Viciedo to hold the fort until Michael Saunders returns from his knee injury.
Feb 28, 2015, 7:25 PM EST
Ruben Tejada has been something of a lightning rod, and he recently received criticism from a former teammate and mentor.
Feb 28, 2015, 6:20 PM EST
Josh Hamilton’s punishment for using a drug of abuse may end up not being much of a punishment at all.
Feb 28, 2015, 5:28 PM EST
Athletics outfielder Coco Crisp missed more than a week down the stretch in 2012 due to pinkeye and now he’s dealing with it again.
Feb 28, 2015, 4:19 PM EST
After trading the likes of Justin Upton, Jason Heyward, and Evan Gattis as well as adding a handful of veteran free agents, the Braves have a ton of new faces in camp this spring.
Feb 28, 2015, 3:15 PM EST
Marlins slugger Giancarlo Stanton had his season come to an end in horrific fashion last September when he suffered facial fractures and dental damage on a hit-by-pitch.
Feb 28, 2015, 2:18 PM EST
Juan Pierre showed his sense of humor on Twitter after announcing his retirement from baseball.
Feb 28, 2015, 1:31 PM EST
I guarantee you’ll learn something.
Feb 28, 2015, 1:03 PM EST
Sale suffered the injury unloading something off the back of his truck on Friday.
Feb 28, 2015, 12:10 PM EST
Chase Headley is expected to be the team’s regular third baseman this season, so Yankees manager Joe Girardi wants if Rodriguez can be a potential backup to Mark Teixeira.
Feb 28, 2015, 11:05 AM EST
That’s a new one.
Feb 28, 2015, 10:02 AM EST
Hill, who turns 35 next month, bounced around three different organizations last year and mostly pitched in the minors.
Feb 28, 2015, 8:57 AM EST
It will be his first game action since last July 31.
Feb 27, 2015, 11:04 PM EST
The Rangers will shut down Edgar Olmos days after picking him up on a waiver claim from the Mariners.
Feb 27, 2015, 10:55 PM EST
Eury Perez is the early favorite to take over in center field while Melvin Upton recovers from a foot injury.
Feb 27, 2015, 10:05 PM EST
New Twins manager Paul Molitor cracked down on electronics usage in his first address to the full squad at spring training.
Feb 27, 2015, 9:10 PM EST
Ryan Howard had his first full healthy season since 2011 and both GM Ruben Amaro, Jr. and guest instructor Dan Plesac thought he looked like he was in very good shape.
- Blue Jays sign Dayan Viciedo to a minor league deal 3
- Chris Sale will be sidelined for three weeks with foot fracture 10
- Aramis Ramirez says 2015 will be his last year 31
- Francisco Rodriguez re-signs with the Brewers 9
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended 293
- Pirates open to massive extension for Andrew McCutchen 18
- Report: Josh Hamilton had a relapse this offseason that “involved at least cocaine” 86
- Yankees don’t plan on having to pay A-Rod’s $30 million in home run milestone bonuses 51
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended (294)
- San Francisco — and all of California — will consider a smokeless tobacco ban that includes MLB parks (131)
- Report: The Yankees were “fuming” at how A-Rod handled his early arrival to spring training (114)
- Cuban prospect Yoan Moncada reportedly signs with the Red Sox for $31.5 million, plus $31.5 million in penalties (106)
- Brian Sabean says that California taxes are a hindrance to the Giants signing free agents (102)