Sep 13, 2013, 5:31 PM EST
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.
Jan 28, 2015, 10:15 AM EST
At age 41 he’ll be joining the Marlins in a backup role, playing behind starting outfielders Giancarlo Stanton, Marcell Ozuna, and Christian Yelich.
Jan 28, 2015, 9:00 AM EST
Complications with new regulations may soon be ironed out.
Jan 28, 2015, 6:32 AM EST
Why yes, it is the darkest week of the offseason. Why do you ask?
Jan 27, 2015, 10:50 PM EST
Marc Topkin of the Tampa Bay Times has the update …
Jan 27, 2015, 9:41 PM EST
If you expected new Major League Baseball commissioner Rob Manfred to either expand the DH rule to the National League or eliminate it altogether, you can probably stop now.
Jan 27, 2015, 8:28 PM EST
Dan Connolly of the Baltimore Sun reports that the Orioles have completed a trade for Pirates outfielder Travis Snider. Pittsburgh’s return is a player to be named later and 21-year-old pitching prospect Stephen Tarpley.
Jan 27, 2015, 7:44 PM EST
Tom Haudricourt of the Milwaukee Journal Sentinel reported Saturday that the Brewers’ negotiations for Phillies closer Jonathan Papelbon were “definitely on life support, at best,” but it sounds like there has been some rekindling of that fire early this week.
Jan 27, 2015, 6:39 PM EST
The Rangers and Red Sox have swapped 25-year-old pitchers.
Jan 27, 2015, 6:19 PM EST
The Orioles have failed in their pursuit of several free agent outfielders this offseason, so they might now be turning to the trade market to fill the need.
Jan 27, 2015, 5:10 PM EST
He hasn’t worked with the Astros since 2010.
Jan 27, 2015, 4:40 PM EST
Crawford requested $3.95 million and the Giants countered at $2.4 million.
Jan 27, 2015, 4:13 PM EST
They’re coming in bunches lately.
Jan 27, 2015, 3:55 PM EST
Tulowitzki is owed $114 million for the next six seasons and Gonzalez is owed $53 million for the next three seasons.
Jan 27, 2015, 2:48 PM EST
Welcome to the future, man.
Jan 27, 2015, 2:22 PM EST
Specifically, a reduction in size of an area of land protected in order to help keep drinking water clean
Jan 27, 2015, 2:01 PM EST
Dyson requested $1.6 million and the Royals countered at $900,000.
Jan 27, 2015, 12:30 PM EST
The league now requires Cuban players to get a much more difficult to obtain clearance to sign than even the federal government requires.
Jan 27, 2015, 11:33 AM EST
One Hall of Fame expert argues that Selig should have to cool his heels before waltzing into Cooperstown
Jan 27, 2015, 11:03 AM EST
So long that he’s one of the few GMs who rocked a flip phone after he already had the top job.
Jan 27, 2015, 10:50 AM EST
As of six weeks ago Angels manager Mike Scioscia was telling reporters that the team didn’t expect Garrett Richards back from knee surgery until May.
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- Not so fast on the Bud Selig Hall of Fame talk 50
- Blue Jays sign president and CEO Paul Beeston to extension through 2015 26
- Reds sign four-year contract extension with Devin Mesoraco 11
- The Yankees are going to try to get out of paying A-Rod his contract incentives 82
- How Commissioner Rob Manfred Can Make Baseball More Appealing 60
- Blue Jays cut off talks for Orioles executive Dan Duquette 48
- Rob Manfred, new Major League Baseball commissioner, suggests ban on defensive shifts 118
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- The Yankees are going to try to get out of paying A-Rod his contract incentives (82)
- Comments of the Day: some of you guys aren’t big Bud Selig fans (77)