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.
Aug 27, 2014, 8:05 PM EDT
Watch as Cubs top outfield prospect Jorge Soler goes deep to left-center field in his first major league at-bat Wednesday evening at Great American Ball Park in Cincinnati …
Aug 27, 2014, 7:18 PM EDT
From Brian Stull of STL Baseball Weekly comes word that Michael Wacha has been cleared to begin a minor league rehab assignment Sunday with the Double-A Springfield Cardinals. Wacha threw a simulated game at Springfield on Wednesday afternoon and reported no issues with his shoulder.
Aug 27, 2014, 6:24 PM EDT
Rockies catcher Wilin Rosario continues to battle with inflammation in his left wrist and was officially placed on the 15-day disabled list Wednesday evening.
Aug 27, 2014, 4:30 PM EDT
Which, despite the name of it, usually isn’t as serious as a lot of other stuff that can afflict pitchers.
Aug 27, 2014, 4:16 PM EDT
Young signed a one-year, $7.25 million deal with the Mets this offseason in the hopes of building back his value before hitting the free agent market again, but instead he hit just .205 with eight homers and a .630 OPS in 88 games.
Aug 27, 2014, 3:45 PM EDT
Crow was an All-Star in 2011 and has a 3.35 ERA in 226 career innings through age 26, including a 3.86 ERA in 59 appearances this season.
Aug 27, 2014, 3:18 PM EDT
In the 10 games prior to the injury Ortiz hit .515 with four homers, three doubles, and a 1.606 OPS while the Red Sox went 2-8.
Aug 27, 2014, 3:05 PM EDT
Offerman ended a man’s career by hitting him with a bat. Now he has to pay for it.
Aug 27, 2014, 2:21 PM EDT
Alonso is arbitration eligible for the first time this offseason coming off a career-worst season in which he hit just .240 with seven homers and a .682 OPS in 84 games.
Aug 27, 2014, 1:30 PM EDT
The league that has no HGH testing and never gets criticized for its drug policies, has suspended a guy for a year for using a substance that is legal in two of the 22 states in which the NFL operates.
Aug 27, 2014, 1:13 PM EDT
Astros prospect Mark Appel was terrible at Single-A and then there was a weird quasi-controversy about him throwing a bullpen session in Houston, but now the former No. 1 overall pick is thriving at Double-A.
Aug 27, 2014, 1:00 PM EDT
Alex Gordon and the Royals fly under the radar, but here they are, on top of the AL Central.
Aug 27, 2014, 12:16 PM EDT
Cingrani has been on the Triple-A disabled list since late June with a strained shoulder and recently had to halt the start of a throwing program due to continued discomfort.
Aug 27, 2014, 11:50 AM EDT
“He’d probably punch me if heard me saying that but you’re really going to take your time and make sure he’s ready to go.”
Aug 27, 2014, 11:32 AM EDT
The young stars will shine in the Arizona sun.
Aug 27, 2014, 11:19 AM EDT
Napoli became just the eighth visiting player to hit a homer into the fifth deck at Rogers Centre in the ballpark’s 26-year history.
Aug 27, 2014, 11:03 AM EDT
Another doozy was uncorked in Houston last night.
Aug 27, 2014, 10:47 AM EDT
Right-hander Bryan Morris has been ridiculously good for the Marlins since they acquired him from the Pirates for a draft pick in June, posting a 0.48 ERA in 38 innings. But now he’s hurt.
Aug 27, 2014, 10:30 AM EDT
The Pirates need McCutchen more than any playoff contender needs any single player.
Aug 27, 2014, 10:15 AM EDT
With an $11 million salary for next season Mets right-hander Bartolo Colon is apparently out of the Angels’ price range as they try to upgrade the injury wrecked rotation, but Diamondbacks right-hander Trevor Cahill could be an option.
- Video: Jorge Soler homers in his first major league at-bat 0
- Adam Wainwright has a “dead arm” 21
- HBT Daily: Alex Gordon and the Royals keep on rolling 11
- And That Happened: Tuesday’s scores and highlights 41
- Mariners extend general manager Jack Zduriencik’s contract 14
- Money, money, money (and Bud Selig’s nirvana) 16
- These days, the correlation between payroll and winning is historically weak 61
- And That Happened: Monday’s scores and highlights 49
- The Cubs grounds crew was short staffed because the Cubs were trying to avoid Obamacare (247)
- Forgiveness for Pete Rose? Not in this lifetime (143)
- Cuban outfielder Rusney Castillo to sign with the Red Sox for $72 million (96)
- A pitch clock in Major League Baseball? No thanks. (92)
- Great Moments in Drug Testing and Punishment: The NFL Edition (91)