Sep 13, 2013, 5:31 PM EST
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.
Dec 21, 2014, 9:55 PM EST
Marco Scutaro’s 2014 season was tarnished by a chronic back ailment. The Giants’ training staff is preparing an update on the 39-year-old and it may not be good news.
Dec 21, 2014, 8:50 PM EST
If spring training were to start today, Yankees GM Brian Cashman would have Rob Refsnyder and Jose Pirela compete for the starting job at second base.
In which someone describes A-Rod, B.J. Upton and Ryan Howard as potential offensive options for a team
Dec 21, 2014, 7:45 PM EST
This needs to happen, people.
George Steinbrenner’s foundation will pay for the education of the children of the slain NYPD officer
Dec 21, 2014, 6:50 PM EST
The Silver Shield Foundation has done so for 32 years.
Dec 21, 2014, 5:47 PM EST
It makes a lot of sense. And now, it seems, the clubs themselves are starting to talk about it.
Dec 21, 2014, 4:17 PM EST
Is Smoltz really so different than Curt Schilling and Mike Mussina?
Dec 21, 2014, 2:50 PM EST
The field for James Shields has been winnowed down to a few, namely the Giants and Red Sox.
Dec 21, 2014, 1:35 PM EST
If the Padres want to keep Justin Upton around beyond 2015, they’ll have to hammer out a contract extension before spring training begins.
Dec 21, 2014, 12:27 PM EST
Scott Boras says the Orioles should expect to have Matt Wieters behind the plate when the 2015 regular season opens on April 6.
Dec 21, 2014, 10:55 AM EST
A.J. Preller, the second-youngest general manager in Major League Baseball, joined MLB Network this weekend to discuss the Padres’ incredibly active offseason …
Dec 21, 2014, 9:11 AM EST
Matt Kemp was introduced to the San Diego media on Saturday at Petco Park …
Dec 20, 2014, 11:50 PM EST
Exciting news for Willie Bloomquist fans.
Dec 20, 2014, 10:45 PM EST
Bounce-back candidate Brandon Beachy has drawn interest from the Rangers lately.
Dec 20, 2014, 9:40 PM EST
Josh Lindblom is taking his talents to the Lotte Giants of the Korea Baseball Organization.
Dec 20, 2014, 7:35 PM EST
The deal between Cuban infielder Roberto Baldoquin and the Angels became official on Saturday after the 20-year-old passed his physical.
Dec 20, 2014, 7:10 PM EST
The Giants reportedly have no plans to attempt to initiate contract talk with free agent Max Scherzer.
Dec 20, 2014, 6:05 PM EST
An unnamed team has reportedly offered a two-year deal to Nick Hundley. It’s not the Orioles.
Dec 20, 2014, 5:26 PM EST
MLB’s waiver rules are complicated enough for fans and those who cover baseball on a regular basis, but apparently they can even confuse teams sometimes.
Dec 20, 2014, 4:06 PM EST
The Phillies could eye Asdrubal Cabrera as a replacement for Jimmy Rollins.
Dec 20, 2014, 2:45 PM EST
Downs had a 4.97 ERA over 55 appearances this past season between the White Sox and Royals.
- The Padres have talked to the Phillies about Cole Hamels 19
- Why is John Smoltz a shoo-in for the Hall of Fame? 40
- Phillies GM told Ryan Howard they’d be better off “not with him but without him” 85
- Trea Turner’s agent is unhappy his client is in limbo after trade to Nationals 48
- Nexen Heroes accept Jung-Ho Kang posting fee from unidentified MLB team 35
- Giants acquire Casey McGehee from the Marlins 16
- The Padres have given their fans something to talk about. Which is badly needed in San Diego. 64
- Justin Upton traded to the Padres for three prospects 79
- Bud Selig will get a $6 million a year pension. Which is obscene. (145)
- The United States will seek to normalize relations with Cuba (144)
- Rays, Padres, Nationals agree to 11-player trade (97)
- Chase Headley signs a four-year deal with the Yankees worth at least $52 million. (95)
- St. Petersburg City Council votes down deal to allow Rays to look for new stadium site (90)