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 1, 2015, 6:51 PM EDT
It was a rather uneventful triple play as far as triple plays go, but cool and rare nonetheless …
Sep 1, 2015, 6:07 PM EDT
From beat writer Patrick Mooney of CSNChicago.com …
Sep 1, 2015, 5:17 PM EDT
Teixeira has started just one game since fouling a ball off his shin two weeks ago.
Sep 1, 2015, 4:54 PM EDT
Kelvin Herrera and Alex Rios are already infected and will could miss up to two weeks.
Sep 1, 2015, 3:41 PM EDT
Gordon missed two months with a groin injury.
Sep 1, 2015, 3:05 PM EDT
He deserves to be in already.
Sep 1, 2015, 2:39 PM EDT
Olivera was traded from the Dodgers to the Braves as part of July’s three-team, 13-player deal.
Sep 1, 2015, 12:14 PM EDT
Former Rookie of the Year and All-Star closer.
Sep 1, 2015, 11:50 AM EDT
Wait — he wasn’t with the Dodgers already?
Sep 1, 2015, 11:28 AM EDT
“It wouldn’t surprise me if Jessica’s a regular on Sunday, Monday or Wednesday night baseball, whenever the time comes,” Kruk said.
Sep 1, 2015, 10:30 AM EDT
It’s pretty nice. But it also cost $1.6M.
Sep 1, 2015, 10:15 AM EDT
He’s running out of time.
Sep 1, 2015, 9:40 AM EDT
At least he claims he did. Hmmmmm . . .
Sep 1, 2015, 9:10 AM EDT
Bananas: an essential element in Team Chemistry.
Sep 1, 2015, 8:44 AM EDT
Put differently: It ain’t so.
Sep 1, 2015, 7:25 AM EDT
Matt Williams wears sunglasses like this so you cannot tell that he is asleep.
Sep 1, 2015, 12:51 AM EDT
Ruggiano will provide some depth with Yasiel Puig and Enrique Hernandez on the disabled list.
Sep 1, 2015, 12:37 AM EDT
The Giants made a last-minute deal before the waiver trade deadline expired, picking up outfielder Alejandro De Aza from the Red Sox.
Aug 31, 2015, 11:35 PM EDT
Miller could use a little bit of luck these days.
Aug 31, 2015, 10:12 PM EDT
Olt was designated for assignment after the Cubs acquired Austin Jackson from the Mariners.
- Yankees reveal Mark Teixeira’s shin injury is “more than we thought” 8
- There’s a chicken pox outbreak in the Royals’ clubhouse and multiple players are infected 15
- Shoeless Joe Jackson is not being reinstated 57
- And That Happened: Monday’s scores and highlights 65
- Cubs acquire Austin Jackson from Mariners 22
- Unknown Cuban ballplayer sleeps outside of Dodger Stadium, hoping for a tryout 34
- And That Happened: Sunday’s scores and highlights 74
- Jake Arrieta no-hits the Dodgers with 12 strikeouts 32
- Sarah Palin sticks up for Curt Schilling, tells ESPN to “stick to sports” (266)
- Dan Patrick: When does ESPN cut ties with Curt Schilling? (202)
- Curt Schilling taken off of Little League World Series duty for making a really bad tweet (170)
- Curt Schilling taken off of ESPN’s Sunday Night Baseball telecast this week (134)
- Phillies announcer calls Mets fans “obnoxious” (124)