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.
Mar 31, 2015, 11:02 PM EDT
Is the fun over in Cincy?
Mar 31, 2015, 10:26 PM EDT
As first reported by beat writer Marc Topkin of the Tampa Bay Times, the Rays have acquired right-handed starter Erasmo Ramirez from the Mariners in exchange for left-hander Mike Montgomery.
Mar 31, 2015, 9:40 PM EDT
Gregerson figured to get the job after signing a three-year, $18.5 million free agent contract with Houston in early December and he pitched well enough this spring to fend off any potential competition.
Mar 31, 2015, 8:36 PM EDT
The 20-year-old right-hander announced the news on his Twitter account Tuesday …
Mar 31, 2015, 7:41 PM EDT
Baseball is not dying.
Mar 31, 2015, 6:54 PM EDT
Jim Salisbury of CSNPhilly.com shares the news …
Mar 31, 2015, 6:09 PM EDT
Adam Wainwright tossed a spring-high 93 pitches in a Grapefruit League appearance Tuesday afternoon against the Marlins and was officially declared the Cardinals’ Opening Night starter after the outing by manager Mike Matheny.
Mar 31, 2015, 5:15 PM EDT
Lefties never die. But Mijares is going to have a harder time now.
Mar 31, 2015, 4:42 PM EDT
Why is this man smiling when his team appears to be destined for last place?
Mar 31, 2015, 4:17 PM EDT
“Sheer panic … things got very bad, very quickly.”
Mar 31, 2015, 3:40 PM EDT
Nice little loophole.
Mar 31, 2015, 3:02 PM EDT
WIll this man be smiling in October?
Mar 31, 2015, 2:14 PM EDT
Chavez appeared in 80 games for the Mariners last season.
Mar 31, 2015, 2:00 PM EDT
It’s supposedly just an arm cramp, but Brad Ausmus isn’t ruling out the DL.
Mar 31, 2015, 1:00 PM EDT
A long-overdue measure will, apparently, soon be in place.
Mar 31, 2015, 12:46 PM EDT
Wright had a rough spring, allowing 11 runs in eight appearances.
Mar 31, 2015, 12:30 PM EDT
With this team, they’ll need it.
Mar 31, 2015, 12:16 PM EDT
Petricka saved 14 games with a 2.96 ERA and 55/33 K/BB ratio in 73 innings last season.
Mar 31, 2015, 11:50 AM EDT
“I’m encouraged by it, and we’ll see how it carries over into the season.”
- 2015 Preview: Cincinnati Reds 0
- The average Major League Baseball salary this year will be more than $4 million — a record 11
- 2015 Preview: Tampa Bay Rays 17
- The Cubs assign Kris Bryant and Addison Russell to the minors, option Javier Baez as well 70
- 2015 Preview: Arizona Diamondbacks 8
- 2015 Preview: Toronto Blue Jays 69
- Mariners prospect Victor Sanchez has died 26
- 2015 Preview: Chicago White Sox 15
- Ex-Cardinals outfielder Curt Ford was assaulted in St. Louis and told to “go back to Ferguson” (122)
- David Ortiz: “Nobody in MLB history has been tested for PEDs more than me” (118)
- The MLBPA releases a statement on Kris Bryant, mentions possible litigation (90)
- Rob Manfred says it would be hard to reinstate Pete Rose in a limited way (89)
- Did David Ortiz admit to more than he realized with his Players’ Tribune editorial? (88)