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.
Aug 3, 2015, 10:47 AM EDT
Viciedo is still just 26 years old.
Aug 3, 2015, 10:30 AM EDT
Using your closer in the seventh or eighth inning may be a good idea, but Mike Matheny says that it’s not that simple.
Aug 3, 2015, 10:15 AM EDT
No. 3 overall pick in the 2013 draft
Aug 3, 2015, 9:35 AM EDT
Kaiser Carlile was retrieving a bat and was wearing a helmet.
Aug 3, 2015, 9:08 AM EDT
Ventura went after the Jays’ slugger on Twitter, but then deleted the tweets.
Aug 3, 2015, 8:42 AM EDT
120 of the 650 voters will be cut from the rolls.
Aug 3, 2015, 5:00 AM EDT
Lots of walkoffs, lots of guys throwing at other guys and, oh yeah, the Mets are in first place.
Aug 2, 2015, 11:05 PM EDT
Kyle Lohse may have lost his spot in the Brewers’ rotation as his struggles continued on Sunday against the Cubs.
Aug 2, 2015, 10:15 PM EDT
Adeiny Hechavarria prevented the Marlins from getting swept by the Padres on Sunday.
Aug 2, 2015, 9:25 PM EDT
Lucas Duda has no respect for familial ties.
Aug 2, 2015, 8:35 PM EDT
Red Sox pitching prospect Henry Owens will debut at Yankee Stadium on Tuesday. No pressure, kid.
Aug 2, 2015, 7:45 PM EDT
Dan Haren sounds pretty set on retiring after the season, but left open the possibility he’d pitch beyond 2015.
Aug 2, 2015, 6:55 PM EDT
It’s safe to say the Royals and Blue Jays won’t be getting dinner with each other anytime soon.
Aug 2, 2015, 6:02 PM EDT
Brandon Morrow will get a second opinion on his right shoulder, as his injury woes persist.
Aug 2, 2015, 5:15 PM EDT
A.J. Burnett is prepared to pitch through an elbow injury if necessary.
Aug 2, 2015, 4:27 PM EDT
The Blue Jays and Royals weren’t very friendly to each other on Sunday.
Aug 2, 2015, 3:56 PM EDT
Cincinnati hosted one of two benches-clearing incidents in baseball on Sunday.
Aug 2, 2015, 3:35 PM EDT
Injured Phillies second baseman Chase Utley is a potential August acquisition consideration for the Cubs.
Aug 2, 2015, 2:45 PM EDT
Brad Ausmus has a candidate to handle save situations following the Joakim Soria trade.
Aug 2, 2015, 1:55 PM EDT
Marlins outfielder Giancarlo Stanton might not return in mid-August as originally anticipated.
- Yordano Ventura calls Jose Bautista a “nobody” and accuses him of stealing signs 33
- And That Happened: Sunday’s scores and highlights 53
- The benches cleared in Toronto, too 78
- The Reds’ and Pirates’ benches cleared after Brandon Phillips was hit with a pitch 60
- Reminder: even though the trade deadline has passed, trades can still happen 13
- Settling the Scores: Saturday’s results 36
- Lucas Duda’s last eight hits have been home runs 11
- Report: Larry Lucchino stepping down as president and CEO of the Red Sox 32
- The benches cleared in Friday’s Giants-Rangers game (205)
- Blue Jays acquire David Price from the Tigers (113)
- Rangers land ace left-hander Cole Hamels from Phillies (106)
- Royals make another big move, get Ben Zobrist from A’s (95)
- Report: Rockies trade Troy Tulowitzki to Blue Jays for Jose Reyes and prospects (92)