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.
Jun 30, 2015, 5:23 PM EDT
Like pretty much everyone else, actually.
Jun 30, 2015, 4:29 PM EDT
Which was pretty much the only choice they had, yes?
Jun 30, 2015, 3:58 PM EDT
Let us use this column to talk a bit about how rumors got started back in the day and how they get started now.
Jun 30, 2015, 3:20 PM EDT
Gallo played 25 games in his first taste of the big leagues.
Jun 30, 2015, 2:46 PM EDT
Chris Bassitt will start in his place.
Jun 30, 2015, 2:31 PM EDT
No one is quite sure when All-Star third baseman David Wright will be back.
Jun 30, 2015, 1:48 PM EDT
Not that anyone really wants you to know it’s up for bid.
Jun 30, 2015, 12:46 PM EDT
He’s making $4.8 million.
Jun 30, 2015, 12:30 PM EDT
The old park housed the Eugene Emeralds until 2009
Jun 30, 2015, 12:02 PM EDT
Two men enter. One man leaves.
Jun 30, 2015, 11:26 AM EDT
I’d like to tell you a story about bullpen history and a young man named Tony La Russa.
Jun 30, 2015, 10:47 AM EDT
The majority of the baseball-watching world hasn’t seemed to notice yet.
Jun 30, 2015, 10:15 AM EDT
Warren had a 3.59 ERA in 14 starts.
Jun 30, 2015, 9:25 AM EDT
And Chris Young was not too pleased about it.
Jun 30, 2015, 8:51 AM EDT
It goes far, far deeper than you ever could’ve imagined.
Jun 30, 2015, 8:30 AM EDT
One he gets past 45 pitches he turns every opposing hitter into Lou Gehrig.
Jun 30, 2015, 7:32 AM EDT
Mike Trout put on a clinic against the Yankees last night.
Jun 30, 2015, 12:23 AM EDT
We often take intentional walks for granted. Four tosses to the catcher. How hard can it be? Pretty hard, at least sometimes.
Jun 29, 2015, 11:45 PM EDT
Hamilton now has 40 stolen bases on the year, which is more than 15 MLB teams. You are reading that correctly.
Jun 29, 2015, 9:58 PM EDT
You’ve probably heard this advice for hitting knuckleballers before: If it’s low, let it go. If it’s high, let it fly. Well, Red Sox third baseman Pablo Sandoval took that to the extreme tonight against R.A. Dickey of the Blue Jays…
- Rangers activate Josh Hamilton from disabled list, send prospect Joey Gallo to Triple-A 6
- Huston Street says he’d retire if he was used like a 1970s-style fireman 42
- CC Sabathia looks like a reliever 24
- And That Happened: Monday’s scores and highlights 55
- AL All-Star voting update: now “only” five Royals in the starting lineup 59
- Andy MacPhail introduced by the Phillies. And the first topic of conversation is sabermetrics 20
- What a world: Orioles are in first place and Ubaldo Jimenez has been their ace 16
- Settling the Scores: Sunday’s results 99
- With the same-sex marriage decision, the San Francisco Giants get another big win (275)
- Joe Maddon is the latest manager to rip instant replay. He’s got a point. (109)
- Settling the Scores: Sunday’s results (99)
- And That Happened: Monday’s scores and highlights (79)
- There was a super ump show in Chicago yesterday (75)