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.
Apr 24, 2015, 8:15 PM EDT
Wandy Rodriguez is starting on Friday night against the Angels.
Apr 24, 2015, 7:27 PM EDT
Hamilton’s return to Texas is the best-case scenario
Apr 24, 2015, 6:55 PM EDT
Mets reliever Bobby Parnell won’t throw for a week as he experienced forearm tightness during his Tommy John rehab.
Apr 24, 2015, 5:55 PM EDT
The Angels and Josh Hamilton are reportedly parting ways.
Apr 24, 2015, 5:09 PM EDT
Bonus of Tommy John rehab: more time to study for your naturalization test.
Apr 24, 2015, 4:51 PM EDT
To be fair, the guy was being a jackwagon.
Rob Manfred was asked again about the leaks in the Josh Hamilton case. His answers weren’t much better.
Apr 24, 2015, 4:05 PM EDT
Two weeks ago he said there would be no investigation. No he says the league has “tried mightily” to figure out the leaks. Really?
Apr 24, 2015, 3:15 PM EDT
Yelich, who agreed to a seven-year, $49 million contract this spring, was off to a slow start by hitting .200 with zero homers and a .488 OPS through 11 games.
Apr 24, 2015, 3:05 PM EDT
A-Rod’s habit of destroying narratives explains an awful lot about why reporters have developed a habit of destroying A-Rod.
Apr 24, 2015, 2:49 PM EDT
That leaves Everth Cabrera and Jimmy Paredes as the Orioles’ double-play duo.
Apr 24, 2015, 12:40 PM EDT
“Too spongy, slow and lots of untrue hops”
Apr 24, 2015, 11:50 AM EDT
Papelbon’s exclusive interview with Jim Salisbury of CSNPhilly.com.
Apr 24, 2015, 11:32 AM EDT
But even if it’s successful, it may not do what he wants it to do.
Apr 24, 2015, 11:19 AM EDT
Allen Dykstra, who filled in for Loney at first base, is headed back to Triple-A.
Apr 24, 2015, 10:47 AM EDT
Parker has been aiming at an early June return to the A’s.
Apr 24, 2015, 10:30 AM EDT
“That guy I despise got the benefit of the legal process! What a bunch of bull!”
Apr 24, 2015, 10:15 AM EDT
Gardenhire “is willing to consider virtually any position.”
Apr 24, 2015, 9:07 AM EDT
Alternative headline: Loose Batting Glove Scourge Reaches Crisis Levels!
Apr 24, 2015, 8:31 AM EDT
The Dodgers’ infielder-without-a-position is among the league leaders in HR and RBI, yet he’s only started three games and has only made 20 plate appearances.
Apr 24, 2015, 7:18 AM EDT
Yordano Ventura and the Royals find themselves in yet another fracas.
- Report: Angels, Rangers agree on Josh Hamilton trade 42
- Must-Click Link: Alex Rodriguzez: the slugger with a thousand faces 14
- And That Happened: Thursday’s scores and highlights 114
- The Royals and White Sox had a benches-clearing fracas, five players ejected 155
- Bartolo Colon picks off a baserunner. By running him down all by himself. 54
- Pete Rose will be allowed to participate in All-Star Game festivities 69
- Career over? Joe Nathan needs Tommy John surgery 31
- Contact and controversy in the ninth inning of last night’s Dodgers-Giants game 54
- The early leaders in MLB’s “Franchise Four” thing have been announced (166)
- The Royals and White Sox had a benches-clearing fracas, five players ejected (155)
- Kelvin Herrera gets a five-game suspension; Yordano Ventura fined (133)
- Jose Bautista and the Orioles exchanged some words last night (117)
- Joe Buck has a truly awful suggestion about how to improve MLB broadcasts (115)