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 5, 2015, 11:19 AM EDT
Schoop originally landed on the disabled list on April 18 after being diagnosed with both a PCL tear and MCL strain in his left knee.
Jul 5, 2015, 10:32 AM EDT
Check out this wrap-around style montage of all the July 4 action in Major League Baseball …
Jul 5, 2015, 9:40 AM EDT
Josh Hamilton has a .954 OPS in 10 games with the Rangers. The problem is he’s only played in 10 games.
Jul 5, 2015, 8:53 AM EDT
The best fireworks on July 4 came from the Angels.
Jul 4, 2015, 11:55 PM EDT
Chi Chi Gonzalez posted good results in his first seven major league starts, but he’ll cede his rotation spot to Matt Harrison and head back to Triple-A.
Jul 4, 2015, 11:20 PM EDT
But not even science could master the knuckleball.
Jul 4, 2015, 10:45 PM EDT
Kris Bryant had a monster night at the plate on Saturday against the Marlins.
Jul 4, 2015, 10:26 PM EDT
Jarred Cosart had a rough outing on Saturday and will try to straighten things out at Triple-A.
Jul 4, 2015, 10:15 PM EDT
The Orioles got Jonathan Schoop back after nearly three months. They sent Ryan Flaherty to Triple-A to make room for him.
Jul 4, 2015, 9:25 PM EDT
The Braves are trying to shop an expensive, ineffective Chris Johnson.
Jul 4, 2015, 9:07 PM EDT
The Twins added some bullpen depth in signing Scott Atchison to a minor league deal.
Jul 4, 2015, 8:35 PM EDT
The Giants tried to get creative to catch Bryce Harper napping off of second base.
Jul 4, 2015, 7:45 PM EDT
John Axford is back with the Rockies, ready to continue closing out games.
Jul 4, 2015, 6:55 PM EDT
Ervin Santana is back. Trevor May’s rotation spot has been freed up to make room for him.
Jul 4, 2015, 6:05 PM EDT
Avisail Garcia robbed Chris Davis of a home run. It was as glorious as it sounds.
Jul 4, 2015, 5:28 PM EDT
Ross, 38, is batting .189/.302/.284 over 87 plate appearances this season.
Jul 4, 2015, 4:25 PM EDT
Matt Holliday has been sidelined since June 8 with a Grade 2 strain of his right quadriceps muscle.
Jul 4, 2015, 3:18 PM EDT
Miguel Cabrera is going to be missed while he’s out with a Grade 3 strain of his left calf, but the Tigers are getting by just fine so far this afternoon against the Blue Jays.
Jul 4, 2015, 2:42 PM EDT
Norris has a 6.79 ERA over 11 starts this season.
Jul 4, 2015, 1:45 PM EDT
Beth Fedornak claims to have suffered “permanent or continuing injuries in her neck and back” as a result of the mascot’s actions.
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