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.
Jul 24, 2014, 8:52 AM EDT
Blame Mother Nature.
Ten years ago today the Alex Rodriguez-Jason Varitek brawl changed the narrative of the Sox-Yankees rivalry
Jul 24, 2014, 8:06 AM EDT
It was one moment in a typical benches-clearing brawl, but oh what a moment it was.
Jul 24, 2014, 7:01 AM EDT
The Rays stay hot, the Yankees get an assist from Mother Nature and Mike Moustakas showed us how to jar a bar loose from the catcher’s mitt without breaking the home plate collision rules.
Jul 23, 2014, 10:25 PM EDT
Kyle Bogenschutz of Scout.com and Detroit’s 97.1 The Ticket reports that the Tigers have acquired reliever Joakim Soria from the Rangers for pitching prospects Jake Thompson and Corey Knebel. FOX Sports’ Jon Morosi says the deal is only pending physical exams.
Jul 23, 2014, 9:44 PM EDT
As we covered earlier, St. Louis got a bonus pick for the 2015 First-Year Player Draft (just after the first round) in Wednesday’s Competitive Balance Lottery. And it’s not sitting too well with an executive of the Cardinals’ traditional rival — Cubs president Theo Epstein.
Jul 23, 2014, 8:58 PM EDT
Cardinals catcher Yadier Molina, who’s currently rehabbing from thumb surgery, sent a couple packs of crackers to home plate Wednesday for his older brother Jose.
Jul 23, 2014, 8:05 PM EDT
CSNPhilly.com’s Jim Salisbury has heard from sources that the Phillies are considering cutting ties with struggling first baseman Ryan Howard after this season, despite the fact that he’s owed $60 million in guaranteed money.
Jul 23, 2014, 7:19 PM EDT
Pirates outfielder Starling Marte took a pitch off his helmet last Friday night. A concussion was initially ruled out — the Bucs were instead calling it “head trauma” — but now there’s this …
Jul 23, 2014, 6:24 PM EDT
As first reported by Derrick Goold of the St. Louis Post-Dispatch, the Cardinals have decided to move Shelby Miller back into the starting rotation and Carlos Martinez to the bullpen for their upcoming three-game series at Wrigley Field. Miller will start Saturday afternoon against the Cubs.
Jul 23, 2014, 5:33 PM EDT
Nick Piecoro of the Arizona Republic has some enlightening numbers about what’s gone wrong with the Diamondbacks.
Jul 23, 2014, 5:17 PM EDT
Springer got off to a slow start following his mid-April call-up and his strikeout total leads the league, but he’s smacked 20 homers with a .900 OPS in 61 games since early May to rank as one of the league’s better all-around players during that span.
Jul 23, 2014, 4:46 PM EDT
Matt Guerrier began this week with a nice-looking 2.67 ERA in 26 appearances for the Twins, but a 12/8 K/BB ratio in 27 innings showed that he was anything but impressive.
Jul 23, 2014, 4:16 PM EDT
Ruiz hit poorly on a minor-league rehab assignment at Single-A, going 3-for-17 (.176) with three strikeouts and one walk in five games, but he’s avoided any post-concussion symptoms and the Phillies are convinced he’s ready to return.
The poor, downtrodden Cardinals receive a bonus pick in next year’s draft thanks to the Competitive Balance Lottery
Jul 23, 2014, 4:01 PM EDT
Small market/small revenue teams get an extra pick. At least some of them.
Jul 23, 2014, 3:10 PM EDT
I’m guessing this is not a prank by the Padres minor leaguers.
Jul 23, 2014, 2:48 PM EDT
Don’t worry. He escaped through the ceiling.
Jul 23, 2014, 1:48 PM EDT
Kelly Johnson isn’t as needed in the Yankees’ lineup following the trade for Chase Headley and now he won’t be available at all for a while, as the utility man has been placed on the disabled list with a strained groin.
Jul 23, 2014, 1:35 PM EDT
From the “no duh” files
Jul 23, 2014, 1:23 PM EDT
As expected Nationals third baseman Ryan Zimmerman has been placed on the disabled list after injuring his hamstring during last night’s game.
Jul 23, 2014, 12:30 PM EDT
David Price? Cliff Lee? And to where?
- Ten years ago today the Alex Rodriguez-Jason Varitek brawl changed the narrative of the Sox-Yankees rivalry 17
- And That Happened: Wednesday’s scores and highlights 12
- Tigers acquire closer Joakim Soria from the Rangers 44
- Phillies officials “have contemplated the possibility of paying off” and releasing Ryan Howard 38
- The dizzying intellect of Tom Glavine 20
- Verducci: baseball should think about an “illegal defense” rule to combat shifts 158
- Chase Headley plays the hero in his first game in pinstripes 33
- And That Happened: Tuesday’s scores and highlights 29
- Verducci: baseball should think about an “illegal defense” rule to combat shifts (158)
- Luke Scott released from Korean team after calling coach a “liar” and a “coward” (108)
- Yankees acquire Chase Headley from Padres (108)
- Who is the next Face of Baseball? (97)
- David Ortiz passes Carl Yastrzemski on the all-time home run list — is he a Hall of Famer? (92)