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.
Aug 1, 2015, 10:05 AM EDT
Dickerson has already been on the disabled list twice this season due to nagging plantar fasciitis in his left foot.
Aug 1, 2015, 9:33 AM EDT
With the White Sox losing in a rout to the Yankees last night, Adam LaRoche got a chance to pitch for the first time in his major league career. And he was pretty good too, retiring the side in order.
Jul 31, 2015, 11:55 PM EDT
John Axford has allowed runs in five consecutive appearances, blowing four saves. He’s out as the Rockies’ closer for now.
Jul 31, 2015, 11:27 PM EDT
Wilmer Flores: your feel-good story of the year.
Jul 31, 2015, 11:20 PM EDT
The Orioles designated struggling Orioles pitcher Bud Norris for assignment to make room for new outfielder Gerardo Parra on Friday.
Jul 31, 2015, 10:52 PM EDT
Starling Marte’s defense prevented Mark Melancon from blowing a save and potentially taking a loss.
Jul 31, 2015, 10:35 PM EDT
The Angels lose C.J. Wilson to an injury but are expected to get Jered Weaver back.
Jul 31, 2015, 10:08 PM EDT
It don’t matter if he’s left or right.
Jul 31, 2015, 9:53 PM EDT
Madison Bumgarner was upset Delino DeShields was upset.
Jul 31, 2015, 9:35 PM EDT
The Giants placed Tim Hudson on the disabled list, which created room on the roster for incoming pitcher Mike Leake.
Jul 31, 2015, 8:55 PM EDT
A.J. Burnett hits the DL with an elbow issue. Recently-acquired pitcher J.A. Happ will take his spot in the rotation.
Jul 31, 2015, 8:28 PM EDT
Diamondbacks GM Dave Stewart laughed when he recalled the Padres asking for Paul Goldschmidt in return in a potential trade involving Craig Kimbrel.
Jul 31, 2015, 7:49 PM EDT
Kendrys Morales is more nimble than we give him credit for being.
Jul 31, 2015, 7:20 PM EDT
Yankees pitching prospect Luis Severino will make his major league debut within the next week.
Jul 31, 2015, 6:14 PM EDT
Clayton Kershaw has been scratched from a start yet again due to a hip problem.
Jul 31, 2015, 5:37 PM EDT
Yes, I realize it’s silly to do this an hour after the trade deadline, as time is required to see how this stuff truly shakes out. But what is the Internet for if not kneejerk reactions?
Jul 31, 2015, 4:33 PM EDT
J.A. Happ and Joe Blanton, reunited.
Jul 31, 2015, 4:30 PM EDT
He was DFA’d by the Dodgers as soon as they got him but he may platoon at 1B for Pittsburgh.
Jul 31, 2015, 4:20 PM EDT
People thought they’d make four or five trades. They ended up doing nothing.
- Settling the Score: Friday’s results 9
- The benches cleared in Friday’s Giants-Rangers game 161
- The Winners and Losers at the Trade Deadline 69
- 2015 MLB Trade Deadline Tracker 11
- Report: Yoenis Cespedes heading to the New York Mets 37
- The Blue Jays pick up Ben Revere from the Phillies 65
- Cubs trade for Dan Haren 28
- Cardinals add more bullpen help, get Jonathan Broxton from Brewers 13
- The benches cleared in Friday’s Giants-Rangers game (161)
- Blue Jays acquire David Price from the Tigers (112)
- Rangers land ace left-hander Cole Hamels from Phillies (106)
- Royals make another big move, get Ben Zobrist from A’s (95)
- Report: Rockies trade Troy Tulowitzki to Blue Jays for Jose Reyes and prospects (90)