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.
Jul 24, 2014, 11:19 PM EDT
The Yankees are reportedly considering a reunion with right-hander Ian Kennedy.
Jul 24, 2014, 11:18 PM EDT
Jonathan Papelbon was booed by Phillies fans this afternoon, but it didn’t bother him. In fact, he says bring it on.
Jul 24, 2014, 10:20 PM EDT
Chad Qualls quietly owns a 1.78 ERA this season. The Astros are reluctant to deal him.
Jul 24, 2014, 9:25 PM EDT
Astros left-hander Dallas Keuchel tossed a baseball to a heckler during today’s game against the Athletics. And the ball contained a clever message.
Jul 24, 2014, 8:30 PM EDT
When the Astros failed to agree to terms with No. 1 overall pick Brady Aiken earlier this month, many speculated that the next step would be a grievance against the team from the MLBPA. That’s exactly what has happened.
Jul 24, 2014, 7:35 PM EDT
The Mariners brought back Kendrys Morales in a deal with the Twins today, but they aren’t done attempting to upgrade.
Jul 24, 2014, 7:09 PM EDT
The Phillies appear ready to move on from Ryan Howard.
Jul 24, 2014, 6:31 PM EDT
Yankees general manager Brian Cashman continues to stay busy.
Jul 24, 2014, 6:13 PM EDT
Zach Putnam has had a share of the closer role with the White Sox in recent weeks, but now he’s headed to the 15-day disabled list due to right shoulder inflammation.
Jul 24, 2014, 5:47 PM EDT
Before the injury Correa was having an excellent season, hitting .325 with 20 steals in 62 games at high Single-A as a 19-year-old.
Jul 24, 2014, 5:32 PM EDT
It’s been bad in Philly. Is it starting to get ugly?
Jul 24, 2014, 5:10 PM EDT
Yankees ace Masahiro Tanaka is supposed to rest for six weeks before doctors determine if he needs Tommy John elbow surgery, but 10 days into the process things aren’t going well.
Jul 24, 2014, 4:49 PM EDT
Jul 24, 2014, 4:20 PM EDT
Frank Thomas is headed to the Hall of Fame thanks to his legendary batting eye.
Jul 24, 2014, 3:45 PM EDT
Everyone has a gift. This is my gift. I shall now share it with you.
Jul 24, 2014, 3:30 PM EDT
According to K-HOU television in Houston the 46-year-old Knoblauch has been charged with assault of a family member, Cheri Knoblauch, whom he divorced in 2012.
Jul 24, 2014, 2:51 PM EDT
Kendrys Morales had a good first week for the Twins after sitting out the first two months of the season and then signing a one-year, $7.5 million deal in June, but he’s been horrendous since then while hitting .209 with one homer and a .524 OPS in 33 games.
Jul 24, 2014, 2:49 PM EDT
Well, it was fun while it lasted.
Jul 24, 2014, 2:44 PM EDT
Dan Haren finished last season strong for the Nationals, signed a one-year, $10 million deal with the Dodgers this offseason, and got off to a nice start in Los Angeles.
Jul 24, 2014, 2:00 PM EDT
And it provides us with an opportunity to think about what it means to be a Hall of Fame manager.
- MLBPA files grievance against Astros in regard to draft pick situation 16
- The eyes have it: Thomas’ greatness built on patience 11
- Expert’s Corner: How to troll fans of all 30 teams 182
- Mariners re-acquire Kendrys Morales from Twins for Stephen Pryor 21
- A’s designate $10 million reliever Jim Johnson for assignment 34
- Everything you need to know about next week’s trade deadline 35
- Impending free agent Jon Lester won’t talk contract with the Red Sox until after the season 19
- Expert’s Corner: How to troll fans of all 30 teams (183)
- Verducci: baseball should think about an “illegal defense” rule to combat shifts (162)
- Yankees acquire Chase Headley from Padres (108)
- Who is the next Face of Baseball? (97)
- David Ortiz passes Carl Yastrzemski on the all-time home run list — is he a Hall of Famer? (92)