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.
Sep 24, 2014, 12:38 AM EDT
Mets closer Jenrry Mejia has been pitching through a sports hernia for basically the entire second half of the season, and he will have it repaired via surgery almost as soon as the 2014 campaign is through.
Sep 23, 2014, 11:53 PM EDT
Orioles slugger Steve Pearce hasn’t appeared in a game since last Friday night because of soreness in his right wrist, but he was given a cortisone shot over the weekend and is beginning to feel much better.
Sep 23, 2014, 11:21 PM EDT
Things got a little testy in the bottom of the first inning Tuesday night at Dodger Stadium after Giants starter Madison Bumgarner struck Yasiel Puig in the left foot with a low-and-inside pitch …
Sep 23, 2014, 10:47 PM EDT
Pittsburgh is headed to baseball’s postseason for a second straight year after not sniffing the playoffs between 1993-2012.
Sep 23, 2014, 10:22 PM EDT
The ride might be over for the 2014 Mariners. Felix Hernandez was lit up for eight earned runs in just 4 2/3 innings and Seattle’s offense didn’t make any noise beyond the top of the third as the M’s fell 10-2 to the host Blue Jays on Tuesday evening in Toronto. It’s the fourth straight loss for Seattle.
Sep 23, 2014, 9:35 PM EDT
Michael Young spoke with Rangers general manager Jon Daniels about replacing Ron Washington, but the recently-retired 37-year-old has decided against pursuing the position so that he can focus on his family.
Sep 23, 2014, 8:49 PM EDT
heck out Braves shortstop Andrelton Simmons pull off this stellar diving grab Tuesday night against the Pirates …
Sep 23, 2014, 8:30 PM EDT
Whatever playoff run the Giants have in them this season will have to be without center fielder Angel Pagan.
Sep 23, 2014, 8:15 PM EDT
Nationals center fielder Denard Span made a nice diving catch to rob Mets outfielder Matt den Dekker of a hit, but it may prove costly because he exited the game with an injury in the next half-inning.
Sep 23, 2014, 8:02 PM EDT
You can watch here as Bud Selig presents the Commissioner’s Historic Achievement Award to retiring shortstop Derek Jeter on Tuesday evening in the Yankee Stadium press room …
Sep 23, 2014, 7:15 PM EDT
Jurickson Profar’s nightmarish 2014 continues, as Anthony Andro of FOX Sports Southwest reports that he will be shut down for the next 2-3 months due to renewed discomfort in his right shoulder.
Sep 23, 2014, 6:48 PM EDT
Chicago owes him $11 million in 2015 and $11 million in 2016.
Sep 23, 2014, 6:31 PM EDT
Jon Heyman of CBS Sports reports that the Blue Jays will bring back manager John Gibbons for the 2015 season.
Sep 23, 2014, 5:47 PM EDT
David Hale will start in Minor’s place Thursday against the Pirates.
Sep 23, 2014, 5:17 PM EDT
Lagares finishes his sophomore season hitting .283 with four homers and a .706 OPS in 115 games, which along with spectacular defense makes him one of the 10 most valuable all-around center fielders in baseball according to Wins Above Replacement.
Sep 23, 2014, 5:00 PM EDT
And he’s the Phillies’ closer again
Sep 23, 2014, 4:46 PM EDT
This season can’t end soon enough for some teams.
Sep 23, 2014, 4:25 PM EDT
Every day brings us another bit of weird Derek Jeter weirdness and excess. Why should today be any different?
Sep 23, 2014, 4:06 PM EDT
Out since last Wednesday when he was hit on the left thumb by a pitch, Jason Heyward is back in the Braves’ lineup for tonight’s game against the Pirates.
- Felix Hernandez pounded as Mariners lose fourth straight 7
- Blue Jays manager John Gibbons will return in 2015 5
- HBT Daily: Why did Frank Wren get the axe? 2
- John Schuerholz defines “The Braves Way.” And it’s a pretty big pile of crap. 57
- And That Happened: Monday’s scores and highlights 26
- Frank Wren fired as Braves GM, John Hart to take over on an interim basis 42
- AND DOWN THE STRETCH THEY COME! Sizing up the final week of the regular season 36
- Must-Click Link: Derek Jeter opens up. Seriously, he really does. 46
- Geddy Lee’s baseball obsession makes it really hard for me to hate Rush (124)
- It certainly looks like Barry Bonds’ criminal conviction is going to be overturned (111)
- Ron Washington claims he resigned because he cheated on his wife (103)
- Giants CEO Larry Baer thinks advertisements on uniforms are coming soon (89)
- Umpire ejects jackwagon fan heckling Bryce Harper in Atlanta last night (87)