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.
Mar 31, 2015, 2:14 PM EDT
Chavez appeared in 80 games for the Mariners last season.
Mar 31, 2015, 2:00 PM EDT
It’s supposedly just an arm cramp, but Brad Ausmus isn’t ruling out the DL.
Mar 31, 2015, 1:00 PM EDT
A long-overdue measure will, apparently, soon be in place.
Mar 31, 2015, 12:46 PM EDT
Wright had a rough spring, allowing 11 runs in eight appearances.
Mar 31, 2015, 12:30 PM EDT
With this team, they’ll need it.
Mar 31, 2015, 12:16 PM EDT
Petricka saved 14 games with a 2.96 ERA and 55/33 K/BB ratio in 73 innings last season.
Mar 31, 2015, 11:50 AM EDT
“I’m encouraged by it, and we’ll see how it carries over into the season.”
Mar 31, 2015, 11:33 AM EDT
But most people can afford tickets or are paid to play the games are decidedly not blue collar.
Mar 31, 2015, 11:19 AM EDT
He got the nod over Mark Buehrle.
Mar 31, 2015, 11:02 AM EDT
Jenna and I talk about the Mariners’ dynamite pitching staff, Mike Trout’s need of some support and when the Astros will finally break into the picture.
Mar 31, 2015, 10:47 AM EDT
Probably destined for a part-time gig.
Mar 31, 2015, 10:30 AM EDT
The Phillies outfield is gonna be a train wreck.
Mar 31, 2015, 10:15 AM EDT
Street is without an agent, representing himself, and has said he won’t negotiate after Opening Day.
Mar 31, 2015, 9:50 AM EDT
There is still a lot of time before anything can happen, but it’s looking less and less likely that the Rays will stay in Tampa Bay.
Mar 31, 2015, 9:25 AM EDT
Really, are there any Mets fans who actually care what Wilpon has to say at this point?
Mar 31, 2015, 7:49 AM EDT
Some people have argued that maybe a Kris Bryant/MLBPA lawsuit is not as silly as some of us think. I’m not sure I’m buying that.
Mar 30, 2015, 11:34 PM EDT
Garcia, 38, last pitched in the majors in 2013 as a member of the Orioles and Braves.
Mar 30, 2015, 11:25 PM EDT
Ryan Hanigan and Sandy Leon figure to handle catching duties for the Red Sox in the early part of the season.
Mar 30, 2015, 10:10 PM EDT
This day has mostly been about who will not be on the Cubs’ Opening Day roster, but it was announced this evening that reliever Phil Coke has earned a spot on the team.
- The Cubs assign Kris Bryant and Addison Russell to the minors, option Javier Baez as well 69
- 2015 Preview: Arizona Diamondbacks 8
- 2015 Preview: Toronto Blue Jays 69
- Mariners prospect Victor Sanchez has died 26
- 2015 Preview: Chicago White Sox 15
- Did David Ortiz admit to more than he realized with his Players’ Tribune editorial? 88
- 2015 Preview: Atlanta Braves 15
- David Ortiz: “Nobody in MLB history has been tested for PEDs more than me” 118
- Ex-Cardinals outfielder Curt Ford was assaulted in St. Louis and told to “go back to Ferguson” (122)
- David Ortiz: “Nobody in MLB history has been tested for PEDs more than me” (118)
- Rob Manfred says it would be hard to reinstate Pete Rose in a limited way (89)
- Did David Ortiz admit to more than he realized with his Players’ Tribune editorial? (88)
- The MLBPA releases a statement on Kris Bryant, mentions possible litigation (87)