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.
Oct 20, 2014, 7:07 AM EDT
Four full days off before the World Series has all of us hurting for content, frankly.
Oct 19, 2014, 11:05 PM EDT
Indians second baseman Jason Kipnis had a poor showing in 2014 and the club is changing up his conditioning program in attempt to help him regain some speed.
Oct 19, 2014, 10:15 PM EDT
Replay review hasn’t had as much of an effect on post-season outcomes as some had previously thought.
Oct 19, 2014, 9:25 PM EDT
A.J. Pierzynski wants to play baseball again in 2015, it just won’t be with the Cardinals.
Oct 19, 2014, 8:35 PM EDT
Two radio stations in San Francisco are refusing to play Lorde’s song “Royals” until the World Series is over.
Oct 19, 2014, 8:15 PM EDT
The Athletics lost hitting coach Chili Davis to the Red Sox on Sunday. They are now showing interest in Dave Hansen to fill the position.
Oct 19, 2014, 7:10 PM EDT
It appears the Red Sox have a new hitting coach in former major leaguer Chili Davis.
Oct 19, 2014, 6:05 PM EDT
Tim Lincecum woke up with a stiff neck and cut his workout short on Saturday, but is still expected to be ready when the World Series starts on Tuesday.
Oct 19, 2014, 3:03 PM EDT
From Baseball America’s transaction page comes word that the Braves have signed utilityman Pedro Ciriaco to a minor league contract.
Oct 19, 2014, 1:24 PM EDT
Boston has an outfield logjam that needs to be addressed this winter.
Oct 19, 2014, 11:17 AM EDT
Chris Young was one of the best bargains of the 2014 season, posting a 3.65 ERA and 1.23 WHIP across 165 innings for the Mariners on a mere one-year, $1.25 million deal. He can officially become a free agent five days after the World Series and will probably be looking to cash in one final time at age 35. But winding up back in Seattle may be his preference …
Oct 19, 2014, 9:32 AM EDT
Buster Posey, Joe Panik, Pablo Sandoval, Javier Lopez, Jake Peavy and a few other Giants talk about their upcoming World Series matchup against the Royals …
Oct 18, 2014, 11:10 PM EDT
Rangers starter Colby Lewis suffered an elbow injury which marred his 2012-13 seasons, and he struggled mightily in 2014, but that isn’t stopping GM Jon Daniels in his pursuit to keep the right-hander in Arlington.
Oct 18, 2014, 10:30 PM EDT
The Tigers have quickly filled the void left by top scout Mike Russell, who joined the Diamondbacks, adding Dave Littlefield into the mix.
Oct 18, 2014, 9:40 PM EDT
In Adam LaRoche’s ideal world, he would finish out the rest of his career with the Nationals. Unfortunately for him, the Nationals are expected to move Ryan Zimmerman to first base.
Oct 18, 2014, 8:50 PM EDT
Domonic Brown thinks he’ll be able to find a starting job if the Phillies aren’t interested in keeping him around in 2015.
Oct 18, 2014, 8:00 PM EDT
The baseball world wasn’t the only one surprised that it was Travis Ishikawa who hit a walk-off home run to send the Giants into the World Series. Ishikawa still isn’t sure it was him, either.
Oct 18, 2014, 7:10 PM EDT
The man who generously gave Travis Ishikawa his NLCS-winning home run ball has been rewarded by the Giants with four tickets to Game 3 of the World Series at AT&T Park.
Oct 18, 2014, 6:15 PM EDT
Madison Bumgarner and Jake Peavy will start Games 1 and 2 of the World Series against the Royals.
Oct 18, 2014, 5:22 PM EDT
The Royals will host the first two games of the World Series.
- Two radio stations in San Francisco are refusing to play Lorde’s “Royals” during the World Series 21
- Royals tab James Shields, Yordano Ventura to start first two games of World Series 1
- Brian Roberts is retiring 13
- So, if you’re not a fan of the Royals or Giants, who ya got? 117
- Video: Watch Travis Ishikawa’s pennant-winning homer 13
- Travis Ishikawa sends Giants to World Series on walk-off three-run homer 79
- NLCS, Game 5: Cardinals vs. Giants lineups 30
- This team. 30
- So, if you’re not a fan of the Royals or Giants, who ya got? (117)
- “The Kansas City Royals Are the Future of Baseball” — someone actually said that. (93)
- Andrew Friedman leaving the Rays to take over as Dodgers President of Baseball Operations (83)
- Quit making a big deal out of anomalies. Most of what happens is meaningless. (82)
- Travis Ishikawa sends Giants to World Series on walk-off three-run homer (79)