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.
Sep 23, 2014, 1:47 PM EDT
J.J. Hardy is on the verge of a big payday, but will it be from the Orioles?
Sep 23, 2014, 1:33 PM EDT
The Braves could’ve fired their manager, but didn’t. Why?
Sep 23, 2014, 1:15 PM EDT
“I wouldn’t be afraid to use him at any point in the game, really.”
Sep 23, 2014, 12:59 PM EDT
The Tigers can’t beat out the Orioles now, so the O’s will start the playoffs at home.
Sep 23, 2014, 12:02 PM EDT
But signing a guy to a multi-year deal after his first above average year in seven seasons is not exactly a winning move.
Sep 23, 2014, 11:12 AM EDT
No matter what happens to him for the rest of his life, Guilder Rodriguez can say he was a major leaguer.
Sep 23, 2014, 10:49 AM EDT
Great Moments in Security Theater
Sep 23, 2014, 10:06 AM EDT
Really, I can’t make any sense of this.
Sep 23, 2014, 9:45 AM EDT
With 180 innings pitched, Dan Haren’s $10 million option kicked in.
Sep 23, 2014, 9:10 AM EDT
He has won 19 or 20 games four times in his last five seasons.
Sep 23, 2014, 8:40 AM EDT
Get your tall boots on, boys, because the Braves president is shoveling.
Sep 23, 2014, 8:23 AM EDT
Hitting the cutoff man is overrated
Sep 23, 2014, 6:29 AM EDT
Twelve games, six shutouts. And the Mariners and Indians lose ground.
Sep 22, 2014, 11:36 PM EDT
Jeter has caught fire with only days remaining in his career.
Sep 22, 2014, 10:23 PM EDT
Danny Duffy tossed six scoreless innings in his return from left rotator cuff inflammation.
Sep 22, 2014, 9:36 PM EDT
Sergio Romo and Shawon Dunston “exchanged heated words with raised voices” before Bruce Bochy intervened.
Sep 22, 2014, 8:55 PM EDT
Shoemaker came out of nowhere to go 16-4 with a 3.07 ERA and 124/24 K/BB ratio in 136 innings as a 27-year-old rookie, including a 9-1 record and 1.49 ERA in 67 innings since late July.
Sep 22, 2014, 8:21 PM EDT
Tomas, 23, could reportedly command a $100 million contract.
Sep 22, 2014, 7:55 PM EDT
Former major league pitcher and current player agent Dave Stewart is viewed as the overwhelming favorite for the job.
Sep 22, 2014, 7:49 PM EDT
Rough day for the Wren family.
- John Schuerholz defines “The Braves Way.” And it’s a pretty big pile of crap. 49
- And That Happened: Monday’s scores and highlights 24
- Frank Wren fired as Braves GM, John Hart to take over on an interim basis 42
- AND DOWN THE STRETCH THEY COME! Sizing up the final week of the regular season 36
- Must-Click Link: Derek Jeter opens up. Seriously, he really does. 46
- And That Happened: Sunday’s scores and highlights 58
- Must-click link: Tommy Harper and the Red Sox’ racist past 58
- Settling the Score: Saturday’s results 34
- Geddy Lee’s baseball obsession makes it really hard for me to hate Rush (124)
- It certainly looks like Barry Bonds’ criminal conviction is going to be overturned (107)
- Ron Washington claims he resigned because he cheated on his wife (103)
- Giants CEO Larry Baer thinks advertisements on uniforms are coming soon (89)
- Umpire ejects jackwagon fan heckling Bryce Harper in Atlanta last night (85)