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.
Jul 25, 2014, 11:51 AM EDT
Rollins also has the ability to block any potential trade, so even if contending teams think having him locked into place for 2015 adds to their interest level it may be a moot point.
Jul 25, 2014, 11:33 AM EDT
They are obviously deserving of induction, but their induction also serves some political ends too.
Jul 25, 2014, 11:19 AM EDT
Greg Maddux looked like a guy who should be riding a Metra commuter train to his 9-to-5 job in the Loop, maybe sneaking out later to catch a Cubs game and have a few beers at Wrigley Field.
Jul 25, 2014, 11:03 AM EDT
OK, we’ll just accept that you have not at least talked about taking one of the few options you have regarding Howard, Ruben.
Jul 25, 2014, 10:47 AM EDT
Kyle Gibson has had an up-and-down first full season for the Twins and now he may wind up on the disabled list with a back injury.
Jul 25, 2014, 10:38 AM EDT
He’s a double threat: bad and expensive.
Jul 25, 2014, 10:15 AM EDT
After a huge spring training that won him the Mariners’ starting shortstop job Brad Miller has struggled mightily, hitting .205 with a .599 OPS and 74/25 K/BB ratio in 86 games.
Jul 25, 2014, 9:57 AM EDT
Injuries are mounting for the first place Giants.
Jul 25, 2014, 9:34 AM EDT
A great, great ballplayer seems to be in denial about his career being over.
Jul 25, 2014, 8:55 AM EDT
With Joakim Soria watching from the sidelines, the Tigers embattled closer shuts down one of the best offenses in baseball.
Jul 25, 2014, 7:17 AM EDT
Ryan Raburn is gonna be buying Corey Kluber steaks for the foreseeable future.
Jul 25, 2014, 6:47 AM EDT
It was a day of blowouts and fine pitching performances.
Jul 24, 2014, 11:19 PM EDT
The Yankees are reportedly considering a reunion with right-hander Ian Kennedy.
Jul 24, 2014, 11:18 PM EDT
Jonathan Papelbon was booed by Phillies fans this afternoon, but it didn’t bother him. In fact, he says bring it on.
Jul 24, 2014, 10:20 PM EDT
Chad Qualls quietly owns a 1.78 ERA this season. The Astros are reluctant to deal him.
Jul 24, 2014, 9:25 PM EDT
Astros left-hander Dallas Keuchel tossed a baseball to a heckler during today’s game against the Athletics. And the ball contained a clever message.
Jul 24, 2014, 8:30 PM EDT
When the Astros failed to agree to terms with No. 1 overall pick Brady Aiken earlier this month, many speculated that the next step would be a grievance against the team from the MLBPA. That’s exactly what has happened.
Jul 24, 2014, 7:35 PM EDT
The Mariners brought back Kendrys Morales in a deal with the Twins today, but they aren’t done attempting to upgrade.
Jul 24, 2014, 7:09 PM EDT
The Phillies appear ready to move on from Ryan Howard.
Jul 24, 2014, 6:31 PM EDT
Yankees general manager Brian Cashman continues to stay busy.
- And That Happened: Thursday’s scores and highlights 44
- MLBPA files grievance against Astros in regard to draft pick situation 30
- The eyes have it: Thomas’ greatness built on patience 14
- Expert’s Corner: How to troll fans of all 30 teams 193
- Mariners re-acquire Kendrys Morales from Twins for Stephen Pryor 21
- A’s designate $10 million reliever Jim Johnson for assignment 35
- Everything you need to know about next week’s trade deadline 35
- Impending free agent Jon Lester won’t talk contract with the Red Sox until after the season 19
- Expert’s Corner: How to troll fans of all 30 teams (193)
- Verducci: baseball should think about an “illegal defense” rule to combat shifts (162)
- Yankees acquire Chase Headley from Padres (108)
- Who is the next Face of Baseball? (97)
- David Ortiz passes Carl Yastrzemski on the all-time home run list — is he a Hall of Famer? (92)