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.
May 28, 2015, 11:39 PM EDT
Red Sox prospect left-hander Eduardo Rodriguez tossed 7 2/3 scoreless innings in his major league debut against the Rangers on Thursday.
May 28, 2015, 10:51 PM EDT
Rockies prospect David Dahl suffered a “massive laceration” in his spleen following an outfield collision Thursday and required season-ending surgery.
May 28, 2015, 10:03 PM EDT
Hamilton got a rousing ovation from the home crowd in his return to Texas.
May 28, 2015, 9:05 PM EDT
Jarrod Saltalamacchia was cut loose by the Marlins earlier this month after proving to be a disappointment in his three-year, $21 million contract, but the Diamondbacks are ready to give him a shot.
May 28, 2015, 8:22 PM EDT
Kazmir left his start yesterday against the Tigers after three innings with shoulder tightness, but it sounds like he might not have to miss much time.
May 28, 2015, 7:40 PM EDT
Tanaka has been sidelined since April 23 due to a right forearm strain and right wrist tendinitis.
May 28, 2015, 7:01 PM EDT
The 39-year-old Ortiz has just one hit in his last 20 at-bats and is batting an uncharacteristic .216/.303/.377 with six home runs and 18 RBI across his first 43 games this season.
May 28, 2015, 6:15 PM EDT
The Indians placed Santana on the paternity leave list Thursday following the birth of his daughter.
May 28, 2015, 4:52 PM EDT
Nava has struggled all season, hitting just .159 with zero homers.
May 28, 2015, 4:27 PM EDT
Michael Taylor suddenly has a full-time job.
May 28, 2015, 4:00 PM EDT
Seven and two-thirds innings, 12 strikeouts and nothin’ else doin’.
May 28, 2015, 2:37 PM EDT
Great Moments in . . . wah?
May 28, 2015, 12:50 PM EDT
Kingham cracked top-100 prospect lists last season and this season.
May 28, 2015, 12:16 PM EDT
Jay has been out since May 10 with a wrist injury.
May 28, 2015, 11:53 AM EDT
I don’t do requests and even if I did, I would’t do Rush requests. But you all have broken me down.
May 28, 2015, 10:47 AM EDT
“I have nothing to complain about.”
May 28, 2015, 10:30 AM EDT
He just opted out of his deal with Tampa Bay.
May 28, 2015, 10:15 AM EDT
“He could be anywhere.”
May 28, 2015, 10:00 AM EDT
Where is the asterisk-applying crowd when you need ’em?
May 28, 2015, 9:19 AM EDT
In other news, Taco Bell restaurants in Southern League towns are experiencing record sales.
- Eduardo Rodriguez dazzles in major league debut 7
- Masahiro Tanaka expected to rejoin Yankees next week 4
- Alex Rodriguez is the all-time AL RBI champion. Sorta. 76
- And That Happened: Wednesday’s scores and highlights 85
- Cardinals GM John Mozeliak: Matt Adams out 3-4 months, possibly the year, with torn quad 60
- Bryce Harper leads in the first round of National League All-Star voting 29
- Buster Olney: The Marlins should hire A-Rod to be their next manager 54
- Breaking down the Braves-Dodgers trade 20