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.
Mar 3, 2015, 10:57 PM EST
It was a successful afternoon in pretty much every way at Fenway South. Except maybe one …
Mar 3, 2015, 9:44 PM EST
The expectation is that he will have to sit out the entire 2015 season.
Mar 3, 2015, 8:31 PM EST
The deal does not include an invitation to major league spring training, so Beato won’t be under consideration for one of the spots in the Orioles’ Opening Day bullpen.
Mar 3, 2015, 7:28 PM EST
Yoenis Cespedes made his presence felt around Tigers camp with this fourth-inning grand slam in Tuesday afternoon’s Grapefruit League opener against the visiting Orioles …
Mar 3, 2015, 6:32 PM EST
He can be solid rotation depth for some team.
Mar 3, 2015, 5:46 PM EST
Kang hit .356 with 40 homers in Korea last season.
Mar 3, 2015, 4:15 PM EST
Because, if he does, David Wright and Bobby Parnell are gonna go kick his butt.
Mar 3, 2015, 3:54 PM EST
Unless someone gets injured, spring training game results don’t matter a bit. But they are a reminder that everyone starts from square one each season. No matter how well they ended the season before.
Mar 3, 2015, 3:15 PM EST
Johnson made the All-Star team in 1970 and went on to win the batting championship by hitting .329, marking his third straight season with a batting average above .300.
Mar 3, 2015, 2:48 PM EST
He was only 52.
Mar 3, 2015, 2:10 PM EST
Baseball has officially started, but opinions on pants vary.
Mar 3, 2015, 1:34 PM EST
Also: there is baseball — honest to goodness baseball — on TV right now.
Mar 3, 2015, 12:30 PM EST
As a man who knows from hanging around in loungewear all day, I can tell you: this is cool.
Mar 3, 2015, 12:06 PM EST
Not exactly a ringing endorsement, but whatever.
Mar 3, 2015, 11:32 AM EST
Will he be the same Tanaka this spring?
Mar 3, 2015, 11:03 AM EST
The million a year helped, but Chamberlain’s son provided the definitive push back to Detroit.
Mar 3, 2015, 10:48 AM EST
Mets general manager Sandy Alderson was asked about a Dillon Gee trade rumor that made the internet rounds Monday night.
Mar 3, 2015, 10:30 AM EST
Which would be a little ahead of schedule.
Mar 3, 2015, 10:10 AM EST
Dozier is making the minimum salary for this season and would then be under team control via arbitration for 2016-2018.
Mar 3, 2015, 10:00 AM EST
The Daily News is gonna Daily News
- Blue Jays sign Dayan Viciedo to a minor league deal 8
- Chris Sale will be sidelined for three weeks with foot fracture 11
- Aramis Ramirez says 2015 will be his last year 32
- Francisco Rodriguez re-signs with the Brewers 9
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended 307
- Pirates open to massive extension for Andrew McCutchen 18
- Report: Josh Hamilton had a relapse this offseason that “involved at least cocaine” 86
- Yankees don’t plan on having to pay A-Rod’s $30 million in home run milestone bonuses 52
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended (307)
- Curt Schilling lowers the boom on some men tweeting threats against his daughter (134)
- San Francisco — and all of California — will consider a smokeless tobacco ban that includes MLB parks (131)
- Ichiro is happy to be away from Joe Girardi (88)
- Report: Josh Hamilton had a relapse this offseason that “involved at least cocaine” (86)