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 1, 2015, 12:51 AM EDT
Ruggiano will provide some depth with Yasiel Puig and Enrique Hernandez on the disabled list.
Sep 1, 2015, 12:37 AM EDT
The Giants made a last-minute deal before the waiver trade deadline expired, picking up outfielder Alejandro De Aza from the Red Sox.
Aug 31, 2015, 11:35 PM EDT
Miller could use a little bit of luck these days.
Aug 31, 2015, 10:12 PM EDT
Olt was designated for assignment after the Cubs acquired Austin Jackson from the Mariners.
Aug 31, 2015, 10:00 PM EDT
Enrique Hernandez has begun to take away playing time from the struggling Joc Pederson in recent days, but now the Dodgers will have to make due without him for a while.
Aug 31, 2015, 9:43 PM EDT
Gomes, 34, is batting .221/.325/.364 with seven home runs and 22 RBI over 83 games this season.
Aug 31, 2015, 8:45 PM EDT
CC Sabathia was shut down earlier this month due to an arthritic condition in his right knee.
Aug 31, 2015, 7:53 PM EDT
Kiermaier makes a leaping catch to rob Manny Machado of a home run.
Aug 31, 2015, 7:04 PM EDT
Marco Gonzales is expected to start in his place Tuesday.
Aug 31, 2015, 7:00 PM EDT
De Aza is batting .292 with 18 extra-base hits (including four home runs), 25 RBI, and an .831 OPS in 60 games since joining the Red Sox in June.
Aug 31, 2015, 6:21 PM EDT
Jackson, an impending free agent, is batting .272/.312/.387 with eight home runs, 38 RBI, and 15 stolen bases over 107 games this season.
Aug 31, 2015, 6:05 PM EDT
The Astros will have their young phenom back at shortstop tonight against the Mariners.
Aug 31, 2015, 5:04 PM EDT
Color me dubious.
Aug 31, 2015, 4:25 PM EDT
He hasn’t played since last Wednesday and now will miss at least the next three games.
Aug 31, 2015, 4:00 PM EDT
He was on the hot seat back in June. What a difference a couple of months make.
Aug 31, 2015, 3:51 PM EDT
Aug 31, 2015, 3:40 PM EDT
Ramirez has a nagging shoulder injury.
Aug 31, 2015, 3:10 PM EDT
Actually, the fastest wiener is boring. You want to see the wiener which runs free.
Aug 31, 2015, 1:13 PM EDT
And Buck Showalter is uniquely unimpressed with Fenway Parks dimensions.
Aug 31, 2015, 12:28 PM EDT
Thats one way to do it. Not a way likely to bring success, but certainly one way to do it.
- Cubs acquire Austin Jackson from Mariners 21
- Unknown Cuban ballplayer sleeps outside of Dodger Stadium, hoping for a tryout 31
- And That Happened: Sunday’s scores and highlights 74
- Jake Arrieta no-hits the Dodgers with 12 strikeouts 32
- Blue Jays will name Mark Shapiro as the new team president 31
- Lance Lynn expects to make next scheduled start despite suffering ankle injury Saturday 2
- Cubs expected to call up Javier Baez on September 1 6
- Settling the Score: Saturday’s results 13
- Sarah Palin sticks up for Curt Schilling, tells ESPN to “stick to sports” (266)
- Dan Patrick: When does ESPN cut ties with Curt Schilling? (201)
- Curt Schilling taken off of Little League World Series duty for making a really bad tweet (170)
- Curt Schilling taken off of ESPN’s Sunday Night Baseball telecast this week (134)
- Phillies announcer calls Mets fans “obnoxious” (124)