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.
Oct 23, 2014, 11:01 PM EDT
Do you want to feel really old? OK, here goes.
Oct 23, 2014, 9:58 PM EDT
After stepping down as assistant general manager of the Nationals earlier this month, Bryan Minniti has accepted the same role with the Diamondbacks.
Oct 23, 2014, 8:57 PM EDT
Moss will use crutches for around four weeks and the expectation is that he’ll begin running in 12 weeks.
Oct 23, 2014, 8:16 PM EDT
Aoki’s defense has been an issue throughout the postseason, with Yost frequently taking him out late in games.
Oct 23, 2014, 7:49 PM EDT
One of the game’s top shortstop prospects, Russell saw some time at second base in the Arizona Fall League.
Oct 23, 2014, 7:19 PM EDT
Take notes, Braves fans.
Oct 23, 2014, 6:49 PM EDT
Tim Lincecum is being sent for an MRI regarding the lower back/side issue which caused him to exit from Game 2 of the World Series on Wednesday night.
Oct 23, 2014, 6:31 PM EDT
Dave Magadan surfaced as a candidate for hitting coach vacancies with the Yankees, Athletics, Red Sox, and Mets, but he’s sticking with the Rangers.
Oct 23, 2014, 6:06 PM EDT
For the majority of Long’s tenure the Yankees had one of the elite offenses in baseball and overall from 2007-2014 they scored MLB’s second-most runs, but the lineup fell apart during the past two seasons due to aging and injuries.
Oct 23, 2014, 5:30 PM EDT
Sizemore’s numbers in Philadelphia were nothing special and for the season overall he hit just .233 with five homers and a .654 OPS in 112 games.
Oct 23, 2014, 5:17 PM EDT
Bad year at a bad time for the 33-year-old free agent.
Oct 23, 2014, 5:04 PM EDT
‘Tis the season for concern trolling about World Series ratings.
Oct 23, 2014, 3:45 PM EDT
That’s quite a change from last time Cabrera hit the open market, when he managed only a two-year, $16 million contract coming off a 50-game suspension for performance-enhancing drugs.
Oct 23, 2014, 3:15 PM EDT
Great Moments in Expectations-Setting
Oct 23, 2014, 2:14 PM EDT
Stinson has had brief looks in the majors with the Orioles, Brewers, and Mets, combining to throw 52 innings with a 4.47 ERA in parts of four seasons.
Oct 23, 2014, 2:00 PM EDT
He only played 49 games this season, but they were 49 pretty good games.
Oct 23, 2014, 1:47 PM EDT
On your mark. Get set. Complain!
Oct 23, 2014, 1:30 PM EDT
He previously managed in the Brewers’ minor league system.
Oct 23, 2014, 1:15 PM EDT
Will the Blue Jays trade Lind after he hit .321 this season?
Oct 23, 2014, 12:45 PM EDT
Or did the players actually have something to do with all of this?
- The World Series ratings are low. So what? 60
- John Hart to be named Braves President of Baseball Operations 3
- No, Ned Yost didn’t “out-manage” Bruce Bochy. His players played better 69
- At least Hunter Strickland entertained us last night 35
- Royals even up World Series with 7-2 Game 2 victory 38
- Craig Kimbrel wins Trevor Hoffman Award; Greg Holland gets Mariano Rivera Award 9
- World Series, Game 2: Giants vs. Royals lineups 10
- HBT Daily: Are the Royals doomed, doomed, doomed? 11
- So, if you’re not a fan of the Royals or Giants, who ya got? (129)
- Erroneous Narrative Alert: no, the Giants are not a “gritty,” anti-stats organization (122)
- Pedro Martinez has some opinions about who the new “face of baseball” is (112)
- PANTY RAID! Homeland Security agents confiscate unlicensed Kansas City Royals underwear (109)
- The Royals asked a fan in Marlins gear to change his shirt last night. He refused. (86)