Sep 13, 2013, 5:31 PM EDT
The 9th U.S. Circuit Court of Appeals upheld Barry Bonds’ criminal conviction for obstruction of justice today. While he could potentially appeal again to the Supreme Court such appeals are rarely if ever granted. This is probably it for him, and he’ll likely soon have to serve his 30 day home confinement sentence.
In denying the appeal, the court ruled that the statement Bonds gave to grand jurors in response to a question about whether he was ever given injections of any kind by Greg Anderson “served to divert the grand jury’s attention away from the relevant inquiry of the investigation, which was Anderson and BALCO’s distribution of steroids and PEDs. The statement was therefore evasive.”
As I’ve noted several times, however, the verdict on this question, and now this ruling from the appeals court, is bizarre. Bonds was asked a yes or no question. He went off on a tangent for a bit, but then the prosecutor led Bonds back to the subject at hand. Here was his answer:
Did he evade? He tried to, sure. For a few seconds. And then he answered “no.” How this misled anyone or how this was any different than thousands of question/answer exchanges in grand jury testimony is beyond me.
It’s beyond the jurors too, as four of them said after the trial that they felt compelled to give this verdict despite the fact that Bonds answered the question and that they were deeply uncomfortable with that. So why did they do it? Because the prosecutor’s jury instruction adopted by the judge prohibited them from looking at the part of the testimony where Bonds answered the question. Which is just dumb. A man was convicted of evading a question that he did not, in fact, evade. And the jurors were prevented from considering the fact that he answered the question in determining his guilt. They were directed to only look at the small part of his testimony where he did, for a moment, go off-topic.
Bonds probably lied elsewhere in his testimony, but those lies weren’t the subject of the count on which he was convicted or this appeal. Indeed, he was acquitted of lying in those instances. It was only about this bit. And in this bit, Bonds answered the question asked. Now he’s got a criminal record for it.
You may like that if you don’t like Barry Bonds. Or if you think that, since he likely skated free on charges he was likely guilty of, it’s OK to get him on a charge he isn’t guilty of. But it’s not justice and it’s not right.
Apr 27, 2015, 10:03 PM EDT
The Nationals mapped out a plan that could have had Rendon make his season debut as soon as Thursday against the Mets, but that’s on hold for now.
Apr 27, 2015, 9:04 PM EDT
The Diamondbacks are reportedly among the potential landing spots for Saltalamacchia.
Apr 27, 2015, 8:10 PM EDT
Bailey is coming off flexor tendon surgery. Could Tommy John surgery be next?
Apr 27, 2015, 7:24 PM EDT
McCarthy appears headed for season-ending Tommy John surgery.
Apr 27, 2015, 7:20 PM EDT
Adam Ottavino was just named as the Rockies closer two weeks ago, but now he’s headed to the disabled list with right triceps inflammation.
Apr 27, 2015, 6:41 PM EDT
Protests and violence continue in Baltimore after the recent death of 25-year-old Freddie Gray.
Apr 27, 2015, 6:09 PM EDT
Wainwright will undergo season-ending surgery this week.
Apr 27, 2015, 5:40 PM EDT
Scherzer is in the first season of a seven-year, $210 million contract and has pitched very well through four starts with a 1.26 ERA and 29/4 K/BB ratio in 29 innings.
Source: Josh Hamilton rejected a trade to a National League team because he wanted to go back to Texas
Apr 27, 2015, 4:56 PM EDT
Hamilton had a full no-trade clause with the Angels. And he exercised it in an effort to get back to the Rangers.
Apr 27, 2015, 4:25 PM EDT
Pro tip: when you’re trying to sell something, don’t tell all of your potential customers how crappy the thing is and how desperate you are to be rid of it.
Apr 27, 2015, 4:04 PM EDT
This trade rids the Angels of Josh Hamilton, Josh Hamilton of the Angels and give the Rangers a pretty big bargain. Win-win-win?
Apr 27, 2015, 3:31 PM EDT
Saltalamacchia is owed $7 million this season and $8 million next season.
Apr 27, 2015, 3:15 PM EDT
As usual, the Phillies are why we can’t have nice things.
Apr 27, 2015, 2:35 PM EDT
Jaso injured his wrist sliding into third base on Opening Day.
Apr 27, 2015, 1:22 PM EDT
He was traded from the Nationals to the Dodgers just last week.
Apr 27, 2015, 1:08 PM EDT
Powerful words from the Orioles’ executive in the wake of the death of Freddie Gray.
Apr 27, 2015, 12:32 PM EDT
Some people are really committed. Others are so committed, maybe they should be committed.
Apr 27, 2015, 11:19 AM EDT
Perez posted a 9.39 ERA in six appearances for Triple-A Colorado Springs.
Apr 27, 2015, 11:03 AM EDT
“Outdoor baseball is stupid, and domes should be universal. My column:”
Apr 27, 2015, 10:47 AM EDT
Gonzalez insists he’s healthy.
- Monday’s White Sox/Orioles game postponed due to ongoing protests and violence in Baltimore 88
- Cardinals confirm Adam Wainwright is done for season with torn Achilles 15
- Deal done: Josh Hamilton traded to the Texas Rangers for cash considerations 40
- Pitchers batting is dumb and the DH should be universal 350
- And That Happened: Sunday’s scores and highlights 88
- Alex Rodriguez hits 659th career home run, now one shy of tying Willie Mays 60
- Max Scherzer doubtful for next start due to thumb injury 5
- Pitchers batting is dumb and the DH should be universal (351)
- Comment of the Day: do not underestimate the seriousness of the anti-DH crowd (190)
- The early leaders in MLB’s “Franchise Four” thing have been announced (166)
- The Royals and White Sox had a benches-clearing fracas, five players ejected (161)
- Protesters converge on Oriole Park at Camden Yards (149)