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.
May 29, 2015, 11:59 PM EDT
The Brewers designated reliever Brandon Kintzler for assignment on Friday afternoon but rescinded it and put him on the 15-day disabled list instead.
Tony Cingrani hits Bryce Harper in the back with a pitch, then complains he was too slow getting to first base
May 29, 2015, 11:41 PM EDT
Bryce Harper was hit square in the back with a fastball and had the gall not to sprint immediately to first base. What nerve!
May 29, 2015, 11:00 PM EDT
Alex “Chi Chi” Gonzalez will make his major league debut on Saturday against the Red Sox.
May 29, 2015, 10:10 PM EDT
Rafael Soriano still wants to pitch and has fired agent Scott Boras in an effort to find work.
May 29, 2015, 9:18 PM EDT
Josh Hamilton hit his first home run of the season on Friday night against the Red Sox.
May 29, 2015, 8:52 PM EDT
Rockies starter Chad Bettis is trying to throw a no-hitter against the Phillies.
May 29, 2015, 8:35 PM EDT
The Mets will be without catcher Travis d’Arnaud a little while longer due to a bone bruise in his wrist.
May 29, 2015, 8:08 PM EDT
The Mariners will lose starter James Paxton for a couple of weeks due to strained finger tendon.
May 29, 2015, 7:42 PM EDT
Stephen Strasburg came out of Friday’s start after facing one batter in the second inning against the Reds.
May 29, 2015, 6:55 PM EDT
More than one in two fans of major league baseball prefer having the pitcher hit as opposed to a designated hitter.
May 29, 2015, 6:05 PM EDT
Tuffy Gosewisch may be dealing with a torn ACL, which would likely end his season.
May 29, 2015, 4:50 PM EDT
Wieters hasn’t played in the majors in nearly 13 months.
May 29, 2015, 4:33 PM EDT
Schilling says Amaro lacks self awareness, is elitist and has not been successful as a manager.
May 29, 2015, 3:55 PM EDT
Or much of anything else, really.
May 29, 2015, 3:30 PM EDT
Feldman is in the second season of a three-year, $30 million deal.
May 29, 2015, 3:16 PM EDT
“Wow. That is an EXPLOSION of cheese.”
May 29, 2015, 2:31 PM EDT
Sizemore hit just .250 with three homers and a .657 OPS in 99 games for the Phillies.
May 29, 2015, 2:08 PM EDT
Hint: he was doing it with the Braves too.
May 29, 2015, 1:01 PM EDT
Rios has been out since mid-April.
May 29, 2015, 12:52 PM EDT
43-years-old in years, 16 in temperament.
- Video: Josh Hamilton hits his first home run of the season 15
- Rockies starter Chad Bettis loses his no-hitter in the eighth inning 1
- Stephen Strasburg exits start in the second inning with an apparent injury 4
- More than half of polled baseball fans prefer having the pitcher hit 57
- The Marlins aren’t happy with the Dan Jennings hire 42
- Andrew McCutchen is doing just fine now, thank you 20
- The schedule: if it ain’t broke, don’t fix it 69