Jul 2, 2014, 8:55 AM EDT
Barry Bonds has already done his time — if you can call 30 days in his mansion “time” — but he is still seeking to have his conviction for obstruction of justice arising out of the BALCO investigation overturned. He just got an assist in that regard from the 9th Circuit Court of Appeals, which has agreed to re-hear his appeal.
Originally a three-judge panel rejected his appeal, but appellants have a right for an en banc rehearing — in which the entire panel of judges determine whether to reconsider — and a majority of the 28-judge panel granted his petition. That vacates last September’s decision against Bonds and gives the entire panel a chance to weigh-in.
At specific issue is whether it’s OK for prosecutors to get an obstruction of justice conviction based on statements that were not held to be perjury. Which is what happened in this case. You may recall that Bonds, under oath gave a long, rambling answer about whether he had ever been injected with drugs, famously going on about how he was “a celebrity child” before finally answering in the negative. The prosecution basically double-charged Bonds for that statement, first with perjury and then with obstruction. The jury decided that was not perjury and acquitted him on that count. They did, however, hold that it was obstruction. The 9th Circuit apparently wants to reconsider whether that’s kosher.
As we noted at length at the time of the conviction, the idea that Bonds’ answer, however rambling it was, constituted obstruction of justice, is a joke. Bonds may have riffed for a few moments, but soon after he directly answered a yes-or-no question with a “no.” A “no” that the jury decided was not a lie. There aren’t many criminal cases in the history of Anglo-American jurisprudence in which a testifying target of a grand jury investigation did not, at least for a moment, try to fudge his way out answering a question. One of the first things you’re taught in law school is that it’s your job as the lawyer to rein the witness in and get him to answer. The prosecutor eventually did that here. And then the prosecutor decided to literally make a federal case out of the fact that a witness rambled for a minute, calling it obstruction of justice. The jury, it’s worth noting, thought it was a joke too, but they felt their hands were tied.
Good for the Ninth Circuit for reconsidering a conviction which was clearly bogus and a charge which was designed as nothing more than a face-saving throw-in for a prosecution that was doomed from the very moment it became clear that the prosecution did not have sufficient evidence to go forward but decided to do so anyway.
The rehearing will take place in September. If it’s successful for Bonds, he’ll have beaten every charge thrown his way. At least as far as the law is concerned.
Sep 2, 2014, 5:50 PM EDT
It’s particularly rough timing, as Milwaukee hosts a four-game series with St. Louis beginning Thursday.
Sep 2, 2014, 5:40 PM EDT
Michael Wacha’s recovery from a shoulder injury has gone so well that the Cardinals just announced he’ll come off the disabled list to start Thursday against the Brewers.
Sep 2, 2014, 5:17 PM EDT
Before being shut down in mid-July the 25-year-old rookie from Japan went 12-4 with a 2.51 ERA in 18 starts, including a 135/19 K/BB ratio in 129 innings.
Sep 2, 2014, 5:09 PM EDT
If it weren’t for expanded rosters for September, he’d probably be on the DL.
Sep 2, 2014, 4:46 PM EDT
Morrow has been exclusively a starter for Toronto since 2010, including what looked at the time like a breakout season as a starter in 2012.
Sep 2, 2014, 4:00 PM EDT
Wrap your head around THAT for a second.
Sep 2, 2014, 3:45 PM EDT
Young flopped with the Mets on a one-year, $7.25 million deal.
Sep 2, 2014, 3:30 PM EDT
Not too many managers seem to be on the hot seat. Part of that is because being a manager today is very different than it was back in the day.
Sep 2, 2014, 3:06 PM EDT
Bring out yer dead!
Sep 2, 2014, 2:51 PM EDT
Raburn struggled mightily before going on the DL, hitting .173 in 70 games after playing well enough in a part-time role last season that Cleveland handed him a two-year contract extension.
Sep 2, 2014, 2:31 PM EDT
From a baseball to a slip of paper to a giant statue of the biggest baseball star who ever lived.
Sep 2, 2014, 1:35 PM EDT
Please keep in mind that the Twins are currently in last place at 60-77 following three consecutive 95-loss seasons and only the Astros have fewer total wins since 2011.
Sep 2, 2014, 1:13 PM EDT
Polanco went 4-for-26 (.153) during his brief demotion and was in a nasty two-month slump before being sent down, hitting just .204 with a .564 in his last 40 games.
Sep 2, 2014, 12:45 PM EDT
Toronto transferred infielder Brett Lawrie from the 15-day disabled list to the 60-day disabled list, which means he won’t be eligible to return to the active roster before the season ends.
Sep 2, 2014, 12:30 PM EDT
Gambling on baseball is dumb. But Kershaw for the Cy Young Award is a pretty safe bet.
Sep 2, 2014, 11:50 AM EDT
Adams has thrown just 42 total innings for the Phillies with a month remaining in a two-year, $12 million contract.
Sep 2, 2014, 11:35 AM EDT
Or: meanwhile in weird concessions . . .
Sep 2, 2014, 11:19 AM EDT
Neftali Feliz has regained the Rangers’ closer role, but not his old velocity.
Sep 2, 2014, 11:02 AM EDT
And if their shovels are as good as their bats have been lately, they’ll probably dig a hole three miles off target and a month too late.
Sep 2, 2014, 10:47 AM EDT
Among the Giants’ call-ups for September 1 roster expansion is 27-year-old right-hander Brett Bochy, who in addition to being a Triple-A reliever also happens to be manager Bruce Bochy’s son.
- Carlos Gomez diagnosed with sprained wrist 0
- Michael Wacha to start Thursday for the Cardinals 2
- We’re not going to pretend that Bo Porter had no idea what he was getting into, are we? 49
- And That Happened: Monday’s scores and highlights 50
- The Cardinals have moved ahead of the Brewers for first place in the National League Central 34
- No-hitter! Four Phillies pitchers combine to blank the Braves 61
- Bo Porter fired by the Astros 56
- Settling the Score: Sunday’s results — and a reminder of what Labor Day is all about 48
- Albert Pujols plays the “you never played the game!” card (104)
- Great Moments in Drug Testing and Punishment: The NFL Edition (101)
- Baseball is dying, you guys, because no one would recognize Mike Trout in a bar (76)
- And That Happened: Thursday’s scores and highlights (75)