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 3, 2015, 4:40 PM EDT
Jul 3, 2015, 3:52 PM EDT
Both he and the White Sox have disappointed this year, but he could help a contender.
Jul 3, 2015, 3:11 PM EDT
Chamberlain has posted a 4.09 ERA and an ugly 1.682 WHIP in 30 appearances this year. Gorzelanny has been even worse.
Jul 3, 2015, 2:13 PM EDT
$3.5 million will be paid out . . . to charity.
Jul 3, 2015, 2:05 PM EDT
He’s only had six plate appearances since being recalled in late June.
Jul 3, 2015, 1:00 PM EDT
And, someone, Tony La Russa placed in this thing.
Jul 3, 2015, 11:37 AM EDT
He changed his mind.
Jul 3, 2015, 10:01 AM EDT
“We’ll leave it at that.”
Jul 3, 2015, 9:11 AM EDT
He has a 2.56 ERA and a 72/31 K/BB ratio over 102 innings on the season.
Jul 3, 2015, 8:30 AM EDT
He wasn’t hit hard, but the Braves hit ’em where they weren’t.
Jul 3, 2015, 6:38 AM EDT
Scott Kazmir dominated the Mariners last night.
Jul 2, 2015, 11:28 PM EDT
League hasn’t pitched in the majors this season due to a shoulder injury.
Jul 2, 2015, 10:39 PM EDT
The Reds are expected to be sellers, but GM Walt Jocketty said Thursday that third baseman Todd Frazier isn’t going anywhere.
Jul 2, 2015, 9:23 PM EDT
After pitching into the seventh inning in his major league debut against the Rangers last Saturday, Blue Jays left-hander Matt Boyd failed to record an out in his start tonight against the Red Sox.
Jul 2, 2015, 8:26 PM EDT
Freeman hopes to return right after the All-Star break, but he acknowledges that it’s a “best-case scenario.”
Jul 2, 2015, 7:28 PM EDT
Bradley has been out for a month with right shoulder tendinitis.
Jul 2, 2015, 6:31 PM EDT
Jay has already had one stint on the disabled list this season due to his nagging wrist injury.
Jul 2, 2015, 5:30 PM EDT
No, that’s not how the law works.
Jul 2, 2015, 5:02 PM EDT
Cahill was designated for assignment by the Braves earlier this month after allowing 23 runs in 26 innings.
Jul 2, 2015, 4:29 PM EDT
The director, Chris Correa, has admitted to hacking into the Astros system.
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- Yankees donate $150,000 to charity to get Alex Rodriguez his 3,000th hit ball 14
- Mike Scioscia says Josh Hamilton should apologize to Angels owner Arte Moreno 75
- Settling the Scores: Thursday’s results 52
- Breaking: Cardinals fire their scouting director, likely due to the Astros hacking scandal 61
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- A-Rod, the Yankees and the union in talks to direct his $6 million home run bonus to charity 29
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- Report: Jerry Dipoto “definitely out” as Angels GM (77)
- There was a super ump show in Chicago yesterday (75)