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 31, 2015, 3:22 AM EDT
It’s fortunate this one didn’t get ugly.
Jul 31, 2015, 2:51 AM EDT
We’re recapping all of the deals as they come down.
Jul 31, 2015, 12:24 AM EDT
Leake has a 3.56 ERA and 90/34 K/BB ratio in 136 2/3 innings over 21 starts this season.
Jul 31, 2015, 12:00 AM EDT
The Astros completed a three-game sweep of the Angels and now hold a two-game lead in the American League West.
Jul 30, 2015, 11:29 PM EDT
Gallardo isn’t going into the trade deadline on a high note, as he has allowed five runs in three straight starts.
Jul 30, 2015, 10:55 PM EDT
The Diamondbacks are trying to make a play for All-Star closer Aroldis Chapman.
Jul 30, 2015, 10:20 PM EDT
It was made possible due to a misplay by Jacoby Ellsbury in center field.
Jul 30, 2015, 9:33 PM EDT
The Brewers traded center fielder Carlos Gomez to the Astros earlier tonight along with right-hander Mike Fiers and they could be close to another deal.
Jul 30, 2015, 9:08 PM EDT
As the Mets try to pick up the pieces after their deal for Carlos Gomez fell apart, they reportedly have an interesting proposal to consider from the Reds.
Jul 30, 2015, 8:40 PM EDT
Morse is owed $8 million next season, but the Dodgers covered it in order to complete Thursday’s 13-player trade with the Marlins and Braves.
Jul 30, 2015, 7:33 PM EDT
Carlos Gomez was nearly dealt to the Mets last night before the deal fell apart, but it didn’t take long for the Brewers to find a new suitor.
Jul 30, 2015, 7:10 PM EDT
It wasn’t too long ago that we were talking about the White Sox as sellers, but now they are trying to buy a big bat.
Jul 30, 2015, 6:32 PM EDT
Angels slugger Mike Trout is back in tonight’s lineup against the Astros after missing two games with left wrist inflammation.
Jul 30, 2015, 6:09 PM EDT
After dealing ace David Price to the Blue Jays earlier today, the Tigers have traded closer Joakim Soria to the Pirates.
Jul 30, 2015, 5:05 PM EDT
Of course, experience is education too, and based on that I’m quite sure that even the most intelligent Marlins fan would be justified in being confused and thinking the organization has no clue whatsoever.
Jul 30, 2015, 4:44 PM EDT
No. 2 overall pick in the 2009 draft behind Stephen Strasburg.
Jul 30, 2015, 4:20 PM EDT
Carlos Correa has shortstop covered for a while.
Jul 30, 2015, 4:07 PM EDT
Defeat from the jaws of victory and then they got all wet.
Jul 30, 2015, 3:50 PM EDT
Nava hit .303 in 134 games for the Red Sox in 2013, playing a key role in the team’s World Series title.
Jul 30, 2015, 3:46 PM EDT
It’s like we’re in Philly all over again.
- 2015 MLB Trade Deadline Tracker 5
- Giants to acquire Mike Leake from Reds 14
- Astros acquire Carlos Gomez and Mike Fiers from Brewers 40
- Pirates bolster bullpen, pick up Joakim Soria from Tigers 11
- The extraordinarily odd, 13-player Dodgers-Marlins-Braves trade is done 62
- Blue Jays acquire David Price from the Tigers 111
- Both the Phillies and the Rangers did well in the Cole Hamels trade 72
- Rangers land ace left-hander Cole Hamels from Phillies 106
- The MLBPA is considering withholding cooperation with ESPN, Fox over Colin Cowherd’s comments (157)
- The Cubs are in discussions with the Phillies on Cole Hamels (146)
- Major League Baseball rips Colin Cowherd in an official statement (123)
- Blue Jays acquire David Price from the Tigers (111)
- Rangers land ace left-hander Cole Hamels from Phillies (106)