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.
Sep 2, 2015, 10:38 PM EDT
Ruben Tejada scored an inside-the-park home run Wednesday at Citi Field when Phillies outfielder Domonic Brown flipped over the wall down the right field line in the bottom of the second inning …
Sep 2, 2015, 10:31 PM EDT
Nationals right-hander Stephen Strasburg was pulled after four rough innings Sunday against the Marlins with discomfort in his upper back, and now the injury is going to cost him his next rotation turn.
Sep 2, 2015, 9:44 PM EDT
It shows very poor planning on the part of the Twins’ decision-makers, who let Berrios throw 161 1/3 innings this season between Double-A Chattanooga and Triple-A Rochester …
Sep 2, 2015, 8:59 PM EDT
Cardinals right-hander Carlos Martinez was scratched from his scheduled start Tuesday night against the Nationals with what was described as a minor back issue.
Sep 2, 2015, 8:05 PM EDT
Arizona has a scheduled team off day Thursday, so Goldschmidt is only going to miss a game or two.
Sep 2, 2015, 7:22 PM EDT
Pujols is now just one of four players in the history of Major League Baseball to reach the 35-homer plateau in 10 of his first 15 major league seasons.
Sep 2, 2015, 6:30 PM EDT
Cabrera signed a minor league deal with San Francisco in mid-July after getting released by the Orioles.
Sep 2, 2015, 5:43 PM EDT
He said the job he did was “masterful.” You keep using that word. I do not think it means what you think it means.
Sep 2, 2015, 5:07 PM EDT
Left-hander Tyler Lyons will start in Wacha’s place against the Nationals.
Sep 2, 2015, 4:31 PM EDT
Franco has had a fantastic rookie season.
Sep 2, 2015, 3:05 PM EDT
“He’s our closer . . . Rooooosebuuuuuudddd”
Sep 2, 2015, 2:13 PM EDT
64/4 K/BB ratio in 60 innings.
Sep 2, 2015, 12:43 PM EDT
And, I would guess, it wont be such serious business here after a few years either.
Sep 2, 2015, 11:31 AM EDT
Of course their biggest problem is not going anyplace, as he owns the team.
Sep 2, 2015, 10:54 AM EDT
Miguel Sano statistical porn.
Sep 2, 2015, 10:30 AM EDT
A picture of A-Rod from yesterday — not this one — seems to be the tiebreaker here.
Sep 2, 2015, 10:15 AM EDT
Getting healthy for October is the focus.
Sep 2, 2015, 9:51 AM EDT
He caught Kevin Quackenbush napping. Almost literally napping.
Sep 2, 2015, 9:37 AM EDT
A great catch and an extra innings walkoff homer.
Sep 2, 2015, 8:07 AM EDT
Its like watching a car crash. No, wait: a tricycle accident.
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- Matt Williams puts up another strong performance in his quest to get himself fired 103
- Settling the Scores: Tuesday’s results 81
- Yankees reveal Mark Teixeira’s shin injury is “more than we thought” 16
- There’s a chicken pox outbreak in the Royals’ clubhouse and multiple players are infected 28
- Shoeless Joe Jackson is not being reinstated 67
- And That Happened: Monday’s scores and highlights 66
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- Matt Williams puts up another strong performance in his quest to get himself fired (103)
- Why Mike Mussina keeps getting hosed in the Hall of Fame voting (89)
- And That Happened: Thursday’s scores and highlights (87)
- Settling the Scores: Tuesday’s results (81)