Jul 2, 2014, 8:55 AM EST
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.
Nov 27, 2014, 10:15 AM EST
Martinez was passed over for the manager job in Tampa Bay.
Nov 26, 2014, 10:04 PM EST
Here’s the farewell Instagram post from third baseman Pablo Sandoval, who signed a five-year, $98 million free agent contract with the Red Sox earlier this week …
Nov 26, 2014, 8:18 PM EST
Jackson was limited to 11 minor league games in 2014 due to a right wrist injury that ultimately required surgery.
Nov 26, 2014, 6:43 PM EST
From FOX Sports’ Ken Rosenthal comes word that the Padres have shown interest in trading for Dodgers outfielder Matt Kemp …
Nov 26, 2014, 5:10 PM EST
The Dbacks were not in the picture until very recently. But better late than never.
Nov 26, 2014, 4:25 PM EST
Since there’s no such thing as a stupid question …
Nov 26, 2014, 3:58 PM EST
Don’t tell the people who like to hang out in the bleachers. They may not realize it, actually.
Nov 26, 2014, 2:30 PM EST
It sorta makes sense I guess, even if it never goes down.
Nov 26, 2014, 2:14 PM EST
Rodriguez was projected to make around $2 million via arbitration.
Nov 26, 2014, 1:40 PM EST
An intriguing scrap-heap pickup for the Rays.
Nov 26, 2014, 1:15 PM EST
This year he played at Triple-A for the Angels, hitting .332 with 25 homers and a 1.017 OPS in 95 games.
Nov 26, 2014, 12:59 PM EST
Ronald Guzman is the Rangers’ 17th-ranked prospect.
Nov 26, 2014, 11:19 AM EST
Capuano is 36 years old, so finding a guaranteed big-league job for 2015 could be difficult.
Nov 26, 2014, 10:47 AM EST
Drafted in 2012, free agent in 2014.
Nov 26, 2014, 10:30 AM EST
Nov 26, 2014, 10:15 AM EST
Either the Rangers or the Twins had the winning bid.
Nov 26, 2014, 9:44 AM EST
Need some dingers? I know a guy who can get you some dingers, man.
Nov 26, 2014, 9:13 AM EST
So who plays third base?
Nov 26, 2014, 8:00 AM EST
It’s like clockwork. A team signs a big free agent or two and someone argues that baseball is doomed without a salary cap. It’s always baloney, of course.
Nov 25, 2014, 10:12 PM EST
Max Scherzer, a client of Scott Boras, seems comfortable with slow-playing this market. We’ve seen loads of rumors and reports involving the other prominent free agent ace, Jon Lester, but it’s hard to identify which teams are in the running at the moment for Max. The Giants may be one …
- Yasmany Tomas signs a six-year, $68.5 million deal with the Diamondbacks 82
- No, the Red Sox signing Pablo and Hanley is not proof that baseball needs a salary cap 160
- Red Sox announce four-year, $88 million deal with Hanley Ramirez, DFA Juan Francisco 35
- The Cubs have offered Jon Lester “north of $135 million” 68
- Pablo Sandoval’s deal: five years, $98 million plus an option 43
- Kyle Seager, Mariners close to $100 million extension 26
- The 2015 Hall of Fame ballot is out — Randy Johnson, Pedro Martinez are new on the ballot 286
- So what would the Red Sox look like with Hanley Ramirez and Pablo Sandoval? 49
- The 2015 Hall of Fame ballot is out — Randy Johnson, Pedro Martinez are new on the ballot (286)
- No, the Red Sox signing Pablo and Hanley is not proof that baseball needs a salary cap (160)
- More Hall of Fame ballots like Adam Rubin’s please (138)
- Report: Pablo Sandoval chose the Red Sox over the Giants because he felt disrespected (136)
- UPDATE: The Pablo Sandoval-Red Sox deal is done, pending a physical (133)