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 30, 2014, 2:30 PM EDT
You know Kershaw is the Cy Young. Is he the MVP, too?
Sep 30, 2014, 2:14 PM EDT
Davis isn’t a big name, but he stepped in as the primary center fielder when the Tigers traded Austin Jackson to the Mariners in the three-team swap that netted them David Price from the Rays.
Sep 30, 2014, 2:03 PM EDT
I’d say “act like you been there before,” but I’m guessing this guy has never, ever been there before.
Sep 30, 2014, 1:47 PM EDT
And the odds-makers expect a low-scoring game, too.
Sep 30, 2014, 1:30 PM EDT
You cool with this, Yankees fans? Not sure I’d be cool with this.
Sep 30, 2014, 1:15 PM EDT
Rick Porcello is in line to start Game 4, with Anibal Sanchez in the bullpen.
Sep 30, 2014, 1:00 PM EDT
Wild Card games are basically coin tosses, but someone’s gotta have an edge, right?
Sep 30, 2014, 12:40 PM EDT
Nate Silver — a guy who has literally made a living poking holes in people’s dubious analysis — traffics in some of his own.
Sep 30, 2014, 11:54 AM EDT
When the going gets weird, the weird turn pro.
Sep 30, 2014, 11:27 AM EDT
At the absolute latest, Davis could be eligible for Game 1 of a theoretical Orioles World Series. But maybe as soon as the ALCS.
Sep 30, 2014, 10:45 AM EDT
Starring Ron Darlin, Cal Ripken, Gary Sheffield and Pedro Martinez.
Sep 30, 2014, 9:44 AM EDT
Tempest Meet Teapot.
Sep 30, 2014, 9:17 AM EDT
But Cespedes is not yet sure if he wants to test the market next year.
Sep 30, 2014, 8:54 AM EDT
Not the sort of thing you typically hear in these situations. Not that this situation has happened in this exact way very often.
Sep 30, 2014, 8:05 AM EDT
Looking ahead to the first action of the 2014 Postseason: The American League Wild Card Game.
Sep 29, 2014, 11:36 PM EDT
Rodriguez had to settle for a one-year, $3.25 million contract before the beginning of spring training and began the season in a set-up role, but he ended up with a 3.04 ERA with 73/18 K/BB ratio over 68 innings while going 44-for-49 in save chances.
Sep 29, 2014, 10:25 PM EDT
After being limited to 16 starts last season, Buchholz managed to make 28 starts this year, but he saw his ERA jump from 1.74 to 5.34 in the process.
Sep 29, 2014, 9:20 PM EDT
Castillo landed a seven-year, $72.5 million contract with Boston in August and batted .333 (12-for-36) with two home runs, one double, and three stolen bases during his first taste of the majors earlier this month.
Sep 29, 2014, 8:40 PM EDT
Roark has a 2.57 ERA in 252 innings as a big leaguer.
Sep 29, 2014, 8:14 PM EDT
The Mariners gave Hart a one-year, $6 million deal last winter in hopes that he would be able to get his career back on track after multiple knee surgeries cost him the entire 2013 season, but he batted just .203 with six home runs and a .590 OPS over 68 games this season.
- Pouliot’s 2014 National League awards picks 0
- HBT Daily: A’s vs. Royals. Jon Lester vs. Big Game James. WHO YA GOT?! 5
- Playoff Reset: The American League Wild Card Game 20
- REPORT: The Astros to name A.J. Hinch their new manager today 23
- Twins fire manager Ron Gardenhire 37
- Pouliot’s 2014 American League awards picks 20
- Previewing the 2014 Playoffs 79
- And That Happened: Sunday’s scores and highlights 84
- Hunter Pence dropped a bunch of F-bombs in his postgame speech. Good. (116)
- Derek Jeter’s final game in Yankee Stadium could be cancelled because of rain (85)
- And That Happened: Sunday’s scores and highlights (84)
- Barry Bonds discovered to be “glassing” — it’s just as bad as you think (82)
- Previewing the 2014 Playoffs (79)