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 28, 2014, 9:17 AM EDT
And his reaction to PED users in the Hall of Fame? “Are you f***ing kidding me?”
Jul 28, 2014, 8:55 AM EDT
Local man goes on national TV to complain that he was humiliated by being put on national TV.
Jul 28, 2014, 8:23 AM EDT
It’s “less” vs. “fewer” time in Grammatical Thunderdome.
Jul 28, 2014, 6:32 AM EDT
The Dodgers sweep their rivals in San Francisco, the Rays complain about Big Papi and I complain about Southwest Airlines messing with my kids’ vacation.
Jul 27, 2014, 11:05 PM EDT
Ian Kennedy’s left oblique is bothering him, so he’ll miss tomorrow’s start against the Braves.
Jul 27, 2014, 10:35 PM EDT
The Padres are expected to get Jedd Gyorko back from the DL, but lose Carlos Quentin on Monday.
Jul 27, 2014, 9:40 PM EDT
Josh Harrison kept the PIrates in the mix in Sunday’s game against the Rockies by using his legs.
Jul 27, 2014, 8:45 PM EDT
Pitchers do not want to be facing Carlos Santana right now.
Jul 27, 2014, 7:50 PM EDT
Baseball’s implementation of home plate collision rules, meant to protect catchers, hasn’t gone as smoothly as expected this season. There was yet another example on Sunday afternoon in Philadelphia.
Jul 27, 2014, 6:55 PM EDT
The Rays and Red Sox have been nipping at each other throughout the season, so it was no surprise that Chris Archer took exception when David Ortiz gawked at his three-run home run.
Jul 27, 2014, 6:05 PM EDT
According to an ESPN report, the Red Sox are considering a trade that could bring Matt Kemp to Boston.
Jul 27, 2014, 5:13 PM EDT
Frank “The Big Hurt” Thomas gave a tremendous speech — reflecting on his parents and upbringing in Georgia — Sunday at the Hall of Fame induction ceremony in Cooperstown, New York …
Jul 27, 2014, 4:29 PM EDT
Via the National Baseball Hall of Fame Musuem’s official Twitter feed, here are the six new plaques that will be added to the walls in Cooperstown after Sunday’s induction ceremony …
Jul 27, 2014, 3:41 PM EDT
Rangers left-hander Derek Holland is scheduled to throw a full-effort bullpen session on Monday at Globe Life Park in Arlington, Texas. If it goes well Holland will be cleared to embark on a 30-day minor league rehab assignment later in the week.
Jul 27, 2014, 2:55 PM EDT
On this Hall of Fame induction Sunday — Greg Maddux, Frank Thomas, Tom Glavine, Tony La Russa, Bobby Cox, and Joe Torre are going in — we give you Ted Williams’ speech from 1966 …
Jul 27, 2014, 2:08 PM EDT
The Mariners acquired Kendrys Morales from the Twins on Thursday for right-handed reliever Stephen Pryor, and they’re not done trying to beef up their offense.
Jul 27, 2014, 1:25 PM EDT
Mark Appel was promoted to Double-A Corpus Christi on Saturday despite posting a 9.74 ERA and 1.92 WHIP in 44 1/3 innings at High-A Lancaster. And he was invited to Minute Maid Park in Houston on Sunday morning to throw a bullpen session in front of Astros coaches and executives. This stuff is not sitting well with some of the players on the Astros’ current major league roster.
Jul 27, 2014, 1:07 PM EDT
Jon Heyman of CBSSports.com reports that the Yankees are eyeing Twins outfielder Josh Willingham, who would require less of a committment in years and money than Alex Rios and Marlon Byrd.
Jul 27, 2014, 12:20 PM EDT
So I have three – no, wait, just thought of another one, so four – theories about the Baseball Hall of Fame’s decision to reduce the time a player can spend on the ballot from 15 years to 10. I am not opposed to this rule, by the way. I have long thought 15 years was too long for a player to be on the ballot. And I am absolutely for some changes in the Hall of Fame process …
Jul 27, 2014, 11:34 AM EDT
Jack Hannahan is finally ready to rejoin the Reds’ active roster after missing April, May, June, and most of July following offseason shoulder surgery.
- And That Happened: Sunday’s scores and highlights 21
- Mariners’ interest in Matt Kemp is “very real” 22
- Astros players upset over Mark Appel’s promotion to Double-A, bullpen session in Houston 39
- Four theories about the Hall of Fame voting changes 24
- Troy Tulowitzki is visiting a sports hernia surgeon 10
- Settling the Score: Saturday’s results 29
- Giants acquire Jake Peavy from Red Sox 55
- Maximum stay on Hall of Fame ballot changed from 15 to 10 years 66
- Expert’s Corner: How to troll fans of all 30 teams (201)
- Verducci: baseball should think about an “illegal defense” rule to combat shifts (164)
- 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)