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.
Dec 27, 2014, 5:20 PM EST
Opening Day is 100 days away, but with the unusually mild weather in the New York area, they could really be playing some baseball right now.
Dec 27, 2014, 4:40 PM EST
Cubs shortstop Starlin Castro was reportedly detained for questioning by authorities in the Dominican Republic on Saturday in connection with a nightclub shooting that injured six people.
Dec 27, 2014, 3:45 PM EST
David Ross recently took Rob Bradford of WEEI.com behind the scenes of how he landed a two-year, $5 million contract with the Cubs.
Dec 27, 2014, 11:01 AM EST
The Giants finalized their new two-year, $24 million contract with Jake Peavy this week.
Dec 27, 2014, 8:59 AM EST
Macko worked for the Rangers for over 40 years.
Dec 26, 2014, 10:25 PM EST
The Braves’ one-year deal with catcher A.J. Pierzynski is for $2 million.
Dec 26, 2014, 9:20 PM EST
Rafael Furcal has suffered another injury, this time a torn hamstring which will keep him out of the Dominican Winter League playoffs.
Dec 26, 2014, 8:03 PM EST
If Wandy Rodriguez passes his physical, the Phillies are expected to sign him to a minor league deal.
Dec 26, 2014, 7:10 PM EST
Jeff Manship will begin the spring with the Indians after signing a minor league deal.
Dec 26, 2014, 6:05 PM EST
According to Peter Gammons, some GMs think the Giants will eventually trade for Ben Zobrist.
Dec 26, 2014, 3:49 PM EST
After seven years in the United States, Hiroki Kuroda is heading home.
Dec 26, 2014, 11:32 AM EST
Uggla hit .179 in 2013 and .149 this year.
Dec 26, 2014, 11:00 AM EST
And it’s all thanks to a man named George Mukhobe.
Dec 26, 2014, 10:30 AM EST
He threw 64 innings with a 3.96 ERA and 44/16 K/BB ratio for the Giants in 2014.
Dec 26, 2014, 9:35 AM EST
Remember, Red, hope is a good thing, maybe the best of things.
Dec 26, 2014, 7:32 AM EST
Actually, no, he probably wouldn’t have, Curt.
Dec 25, 2014, 3:05 PM EST
Japanese righty Chihiro Kaneko might have been one of the top starters on the open market this winter had he been posted by the Orix Buffaloes, his Nippon Professional Baseball team.
Dec 25, 2014, 1:23 PM EST
Your one-stop shop for all of the offseason signings.
Dec 25, 2014, 8:47 AM EST
And a very special friend of HBT
Dec 24, 2014, 10:00 PM EST
A good way to finish off our Christmas Eve coverage on HardballTalk …
- UPDATE: Starlin Castro free after being questioned about shooting in Dominican Republic 40
- Merry Christmas from HBT! 74
- THE YEAR IN REVIEW: HBT’s most commented-upon stories of the year 86
- The Yankees are treating Alex Rodriguez differently than they treated Derek Jeter. So what? 40
- Braves sign setup man Jason Grilli to two-year contract 15
- My Imaginary Hall of Fame Ballot 120
- Phil Hughes signs a three-year extension with the Twins 27
- The Padres have talked to the Phillies about Cole Hamels 24
- Curt Schilling goes after Obama, says Ronald Reagan would watch “The Interview” (244)
- My Imaginary Hall of Fame Ballot (120)
- Today’s specious anti-Mike Piazza-for-the-Hall-Fame argument (96)
- THE YEAR IN REVIEW: HBT’s most commented-upon stories of the year (86)
- Phillies GM told Ryan Howard they’d be better off “not with him but without him” (85)