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 30, 2014, 12:49 PM EDT
A look at the tough calls the Royals will have to make following their World Series run.
Oct 30, 2014, 12:16 PM EDT
“He’s 20 years old. We think a lot of him and he has a bright future.”
Oct 30, 2014, 11:48 AM EDT
Mathis a career .196 hitter and has never topped a .650 OPS in nine seasons as a big leaguer.
Oct 30, 2014, 11:17 AM EDT
He’s the longest-tenured Royal, but his production has slipped.
Oct 30, 2014, 10:35 AM EDT
“Obviously, he definitely would have been one of our starters.”
Oct 30, 2014, 10:20 AM EDT
Asked about his free agency, Panda only says: “I’m just going to celebrate.”
Oct 30, 2014, 9:50 AM EDT
Bochy has navigated the path to World Series crowns in 2010, 2012 and now 2014. In the process, the Giants have dispatched 10 consecutive postseason foes.
Oct 30, 2014, 9:20 AM EDT
There was no bitterness as Royals hitters talked about the mastery of Madison Bumgarner in this World Series.
Oct 30, 2014, 7:25 AM EDT
History’s Greatest Monsters were happy for different reasons last night.
Oct 30, 2014, 12:32 AM EDT
As he has done for a decade, really.
Oct 30, 2014, 12:15 AM EDT
The champagne and beer is flowing in the visitors clubhouse at Kauffman Stadium following the Giants’ Game 7 win …
Oct 30, 2014, 12:11 AM EDT
A breakdown of Alex Gordon’s two-out hit in the bottom of the ninth.
Oct 29, 2014, 11:57 PM EDT
Here’s the final out of Wednesday night’s Game 7 that secured the Giants’ eighth World Series title …
Oct 29, 2014, 11:44 PM EDT
A postseason legend is born
Oct 29, 2014, 11:37 PM EDT
Madison Bumgarner threw five scoreless innings to close out Game 7 on Wednesday night at Kauffman Stadium and allowed just one run in 21 total frames during the 2014 World Series
Oct 29, 2014, 11:20 PM EDT
Madison Bumgarner gets the win. And becomes a legend.
Oct 29, 2014, 10:55 PM EDT
Giants ace Madison Bumgarner broke Curt Schilling’s postseason innings record in the bottom of the fifth inning. And now Alex Pavlovic of the San Jose Mercury News shares this nugget …
Oct 29, 2014, 10:19 PM EDT
Giants ace Madison Bumgarner entered Game 7 of the World Series in the bottom of the fifth inning. He allowed a single to the first batter but got out of that threat and set a new MLB record in the process …
Oct 29, 2014, 10:01 PM EDT
Here’s a cool photo from the Associated Press of the well-executed flip from Giants second baseman Joe Panik that started a huge doubleplay in the bottom of the third inning of World Series Game 7 …
Oct 29, 2014, 9:24 PM EDT
Imagine if they had this technology in 1985 …
- Bochy’s championship resume ranks among game’s best 9
- Alex Gordon would have been a dead duck had he tried to score 66
- Video: Pablo Sandoval catches final out in foul territory, Giants win 2014 World Series 9
- Madison Bumgarner pitches the Giants to their third World Series win in five seasons 86
- Madison Bumgarner named World Series MVP … obviously 20
- Pablo Sandoval sets new postseason hits record 10
- There’s nothing better than a Game 7? Well, maybe there is. 23
- Report: Cubs hire Joe Maddon as manager 72
- A veteran says enough is enough when it comes to tributes for the soldiers (280)
- Jose Canseco shot his middle finger off (147)
- Shocker! Joe Maddon to opt out of his contract and leave the Rays (142)
- Oscar Taveras dies after car accident in the Dominican Republic (140)
- 10-0! The Royals romp, tie it up at three games a piece (109)