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.
Mar 4, 2015, 11:59 PM EST
MLB.com’s Alden Gonzalez has an update on the ongoing extension negotiations between Angels general manager Jerry Dipoto and veteran closer Huston Street …
Mar 4, 2015, 11:13 PM EST
The Mariners won their Cactus League opener Wednesday against the Padres, but it was not a totally problem-free afternoon in Peoria, Arizona.
Mar 4, 2015, 10:26 PM EST
Suspending Hamilton for a year would serve no purpose punitive systems are designed to serve. And would most likely not serve Josh Hamilton at all.
Mar 4, 2015, 9:52 PM EST
A four-person panel appointed by Major League Baseball to decide how Josh Hamilton should be handled following his recent relapse that involved at least cocaine has reportedly reached a stalemate.
Mar 4, 2015, 9:04 PM EST
The deal includes an invitation to the major league side of spring training, though Miller seems doubtful to win a spot on Tampa Bay’s Opening Day roster.
Mar 4, 2015, 8:21 PM EST
Royals reliever Tim Collins missed time last season with a flexor strain in his left elbow and again had an issue with the joint Wednesday in his 2015 Cactus League debut …
Mar 4, 2015, 7:17 PM EST
It was an enjoyable first day of Cactus League competition for Dodgers prospect Joc Pederson.
Mar 4, 2015, 6:22 PM EST
He successfully rehabbed a torn UCL in his right elbow last season and the Yankees’ fingers remain crossed that the 26-year-old from Japan will be able to avoid Tommy John elbow reconstructive surgery.
Mar 4, 2015, 4:50 PM EST
Mar 4, 2015, 4:18 PM EST
While it’s clear that the two do not see eye to eye, Billy Bean is choosing to look on the bright side of yesterday’s comments from Daniel Murphy.
Mar 4, 2015, 3:54 PM EST
A-Rod singled in his first at-bat.
Mar 4, 2015, 3:20 PM EST
What’s a churro dog, you ask? Click, my pretties. Click!
Mar 4, 2015, 1:26 PM EST
Athletes oftentimes, don’t see reporters as people. Reporters, oftentimes, don’t see athletes as people. Reporters, however have a duty of objectivity athletes don’t have.
Mar 4, 2015, 12:26 PM EST
He’ll miss at least a week.
Mar 4, 2015, 11:47 AM EST
The move leaves Craig Gentry and Sam Fuld to platoon in center field.
Mar 4, 2015, 11:20 AM EST
Billingsley hasn’t pitched in a big-league game since way back in April of 2013.
Mar 4, 2015, 11:05 AM EST
Today’s news sucks for Joel Hanrahan, but it’s a good basis for an explainer.
Mar 4, 2015, 10:52 AM EST
Wieters underwent Tommy John elbow surgery in June.
Mar 4, 2015, 10:15 AM EST
Now that David Price is out of the picture the Rays need a new Opening Day starter.
Mar 4, 2015, 9:59 AM EST
. . . it’s worth remembering that Schilling himself has some issues when it comes to sensitivity and enlightenment on social media.
- Suspending Josh Hamilton for a year would be obscene 56
- Report: MLB panel split on rehab for Josh Hamilton; one-year suspension is in play 23
- Joc Pederson goes 2-for-2 in Cactus League debut 4
- Braves scratch Mike Minor from start with more shoulder problems 3
- Daniel Murphy on Billy Bean: “I do disagree with the fact that Billy is a homosexual” 360
- Blue Jays sign Dayan Viciedo to a minor league deal 8
- Chris Sale will be sidelined for three weeks with foot fracture 11
- Aramis Ramirez says 2015 will be his last year 33
- Daniel Murphy on Billy Bean: “I do disagree with the fact that Billy is a homosexual” (360)
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended (307)
- Curt Schilling lowers the boom on some men tweeting threats against his daughter (137)
- John Baker, Jeremy Brown, coal mines and class (80)
- Billy Bean responds to Daniel Murphy’s comments (76)