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.
May 24, 2015, 11:35 PM EDT
The struggling Athletics got a scare on Sunday when Sonny Gray was hit by a comebacker, but he’s expected to make his next start.
May 24, 2015, 10:25 PM EDT
Veteran shortstop Jose Reyes will return to the Blue Jays on Monday after dealing with a cracked rib.
May 24, 2015, 9:20 PM EDT
Bernie Williams was honored with his induction into Monument Park at Yankee Stadium on Sunday.
May 24, 2015, 8:15 PM EDT
Justin Upton knocked in six runs in his first two at-bats on Sunday against the Dodgers. Four of them came on a first-inning grand slam.
May 24, 2015, 7:10 PM EDT
Pirates starters Gerrit Cole, A.J. Burnett, and Francisco Liriano combined for 32 strikeouts in a three-game sweep of the Mets over the weekend.
May 24, 2015, 6:05 PM EDT
The Rangers added bullpen depth on Sunday, signing reliever Jared Burton to a minor league contract.
May 24, 2015, 5:18 PM EDT
Gonzales pitched well in his latest outing for Memphis, striking out seven and allowing only one run over six innings, and he was almost certain to be the next man up for the St. Louis rotation.
May 24, 2015, 4:04 PM EDT
Varvaro is now on the disabled list with the Red Sox and won’t pitch again this season. The 30-year-old had an impressive 2.63 ERA, 1.079 WHIP, and 50/13 K/BB ratio in 54 2/3 innings last summer with the Braves.
May 24, 2015, 3:17 PM EDT
The game before the game.
May 24, 2015, 2:31 PM EDT
San Francisco acquired Casey McGehee from the Marlins in December to effectively replace Pablo Sandoval at third base, but the 32-year-old woke up Sunday with a brutal .200/.254/.282 batting line and he had tallied just nine RBI in 35 games.
May 24, 2015, 2:08 PM EDT
Steven Souza appeared to have a clear path to the plate — at least the outside of the plate — yet went right for Stephen Vogt with his elbow raised.
May 24, 2015, 1:25 PM EDT
Kyle Lobstein made the Tigers’ starting rotation out of spring training with Justin Verlander (triceps) ticketed for the disabled list. But that spot will now go to right-hander Buck Farmer because Lobstein needs a disabled list stint of his own.
May 24, 2015, 12:32 PM EDT
Victorino has appeared in just 50 of a possible 205 games over the last two seasons due to a variety of leg and back problems.
May 24, 2015, 11:45 AM EDT
Really cool feature here from MLB Network on Mitch Harris’ unique path from the United States Naval Academy to a bullpen job with the NL Central-leading St. Louis Cardinals …
May 24, 2015, 10:59 AM EDT
Gomes, 27, batted .278/.313/.472 with 21 home runs and 74 RBI in 135 games last season for the Tribe, earning his first Silver Slugger Award. Cleveland (17-23) could use a big offensive boost right about now.
May 24, 2015, 10:04 AM EDT
Miami defeated Baltimore to snap an eight-game losing streak late Saturday night on a Martin Prado walkoff RBI single in the bottom of the 13th inning.
May 24, 2015, 9:21 AM EDT
Rizzo also hit a three-run double in the fifth, finishing the game with a career-high-tying six RBI.
May 24, 2015, 8:37 AM EDT
Your box scores and recaps from Saturday …
May 23, 2015, 11:25 PM EDT
Joey Votto made an unorthodox throw to help turn a double play against the Indians on Saturday.
May 23, 2015, 10:47 PM EDT
Brian Matusz is the second lefty reliever to be ejected for having a foreign substance on his arm.
- Giants designate Casey McGehee for assignment 23
- Yan Gomes returns to the Indians’ lineup after missing six weeks with a sprained right knee 0
- Marlins jump in Clevelander pool after snapping losing streak 22
- Settling the Score: Saturday’s results 19
- Brian Matusz was ejected for having a foreign substance on his arm 38
- Josh Hamilton will join the Rangers on Monday 6
- UPDATE: David Wright diagnosed with spinal stenosis 23
- Settling the Score: Friday’s results 39
- And That Happened: Wednesday’s scores and highlights (133)
- Bryce Harper on Marvin Hudson ejection: “I don’t think 40,000 people came to watch him ump” (132)
- Bryce Harper ejected for second time in a week (122)
- GM Dan Jennings to be named the Marlins new manager. And it’s a terrible idea. (111)
- And That Happened: Tuesday’s scores and highlights (101)