Barry Bonds Convicted Of One Count Of Obstruction Of Justice

Exploring the sheer absurdity of the Bonds verdict

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Having slept on it, here’s one more thought about the Bonds verdict that simply blows my mind.

Yesterday when I reacted to the verdict, I noted the absurdity of Bonds being convicted on his rambling answer in “Statement C” as listed in Count 5 of the indictment. That “Statement C” was Bonds saying, in response to a question about receiving injections, that Greg Anderson was a friend of his and that Bonds was a child of a celebrity. It was four brief beside-the-point statements. And, importantly, Bonds did eventually say unequivocally that, no, he didn’t receive injections. Take that for what it’s worth, but it was a clear answer to a clear question.

I thought it was crazy that such a statement — which had nothing to do with Bonds’ steroids use and in no way actually prevented the prosecution from getting an answer to its question — could form the basis of an obstruction of justice charge. I had missed it the first time around, but apparently Bonds’ lawyers identified the absurdity of this during jury instructions too.  From the San Jose Mercury News’ play-by-play (go to the 9:31 AM update):

9:31 a.m.: Bonds lawyer strenuously objects to one jury instruction

Before the judge began instructing the jury, Dennis Riordan, one of Bonds’ lawyers, objected strenuously to the instruction on the obstruction of justice count against Bonds, which enables the jury to find him guilty based on four separate statements. Some of those statements appear loosely tethered to the allegations that Bonds lied to a federal grand jury in December 2003 about using steroids.

For example, one of the statements covers the following response to a question about whether Bonds had ever been given anything from trainer Greg Anderson that required a syringe.

“That’s what keeps our friendship,” Bonds replied in rambling fashion. “You know, I am sorry, but that–you know that–I was a celebrity child, not just in baseball by my own instincts. I became a celebrity child, with a famous father. I just don’t get into other people’s business because of my father’s situation, you see….”

Riordan argued that the jury could clear Bonds of allegations connected to steroids and injections and, under the instruction, convict him of a felony through that statement, at least in theory. Quoting Karl Marx and his famous statement that history repeats itself twice, first as tragedy and then as farce, Riordan said such a conviction would be “utterly a farce.”

The judge didn’t agree, of course. Nor did she agree with this over the past few years when she had the opportunity to strike that part of the charge and did not, despite striking many others from the indictment.  You’d have to ask her why she allowed this to remain, but it makes no sense that such a statement, on its own, could constitute obstruction of justice.

There is not a single case in the history of Anglo-American jurisprudence in which a witness, at some point, didn’t go off on a tangent that was at least momentarily non-responsive to a question.  As a lawyer, you’re trained to reel the witness back in and focus him or her on the question. In court, if it gets bad, you get the judge to order the witness to answer the question that was asked. In a deposition you rephrase or say “that’s nice, but that’s not what I asked, what I asked was …”  Indeed, getting a witness to answer the question asked when he doesn’t want to or simply is unable to is a basic skill every trial lawyer learns.

But apparently not in the Northern District of California. There, when a witness goes off on a tangent, the precedent is now set: you bring felony charges against him. And it doesn’t matter if he later did answer the question, like Bonds did, or if he cannot be found to have lied or have obstructed justice in any way apart from his brief tangent.

Man, I wish I knew back when I was practicing law that I could have difficult witnesses charged with felony obstruction. It would have made my life so much easier if I didn’t have to prepare good questions and work to elicit the information I sought through the application of trial advocacy skills.  Oh well. You live and learn.

(thanks to Moshe for the Merc’s play-by-play re: the jury instruction)

Video: Odubel Herrera’s glorious bat flip

DETROIT, MI - MAY 25: Odubel Herrera #37 of the Philadelphia Phillies hits a three run home run during the fourth inning of the inter-league game against the Detroit Tigers on May 25, 2016 at Comerica Park in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
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Phillies outfielder Odubel Herrera, playing in his second game since being benched for a lack of hustle, hit a three-run home run to extend his team’s lead to 5-1 in the fourth inning on Wednesday afternoon. After putting a sweet swing on an Anibal Sanchez 2-1 slider, Herrera flipped his bat in grand fashion. It wasn’t quite as emphatic as Jose Bautista‘s from last year’s ALDS, but it was glorious nonetheless.

To the Tigers’ credit, Herrera’s bat flip didn’t result in any shouting or fighting or throwing intentionally at hitters. So that’s nice.

Herrera is now batting .327/.440/.461 with five home runs and 17 RBI on the year. The Phillies selected him in the Rule 5 draft from the Rangers ahead of the 2015 season and he’s proven to be the lifeblood of the offense thus far.

30 years ago, Dave Kingman sent a live rat to a female reporter

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Someone on Reddit’s /r/baseball page linked to this New York Times article from June 1986.

Dave Kingman, then with the Athletics, was 37 years old and playing in what would be his final season. He was fined $3,500, which is a little over $7,600 in 2016 dollars, for sending a live rat in a pink box to a female reporter, Susan Fornoff of The Sacramento Bee. The rat wore a tag that said “my name is Sue.”

Kingman refused to apologize, saying, “I’ve pulled practical jokes on other people and I didn’t apologize to them.”

According to Fornoff, Kingman had said to her that women don’t belong in the clubhouse, and Kingman had been harassing her since she began covering the team in ’85. The Athletics didn’t keep Kingman around after the season, and he ended up hanging up the spikes.

Pete Dexter wrote in more detail about the incident at Deadspin a few years ago. It’s a good read.

I wasn’t familiar with this story as I was still more than two years from being born when it happened. Sports media has made strides towards being more inclusive of non-white cisgender straight men, especially compared to 30 years ago. But, of course, we’re still a long ways away from an ideal world in which everyone is treated equally and everyone has equal access. Some of the best baseball reporting and analysis these days is being done by women and it’s nice to see sites, especially FanGraphs recently, make a concerted effort towards diversification.

D-Backs mulling optioning Shelby Miller to the minors

PITTSBURGH, PA - MAY 24:  Shelby Miller #26 of the Arizona Diamondbacks pitches in the first inning during the game against the Pittsburgh Pirates at PNC Park on May 24, 2016 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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Diamondbacks starter Shelby Miller continued to struggle on Tuesday, serving up six runs on eight hits and four walks with three strikeouts over five innings against the Pirates. His ERA, in 10 starts this season, stands at an unsightly 7.09 with 30 strikeouts and 29 walks in 45 2/3 innings.

The D-Backs acquired him from the Braves over the winter, sending 2015 first overall pick Dansby Swanson to Atlanta along with pitching prospect Aaron Blair and outfielder Ender Inciarte. It’s a trade they’d most likely take back if they had the luxury.

Instead, GM Dave Stewart is considering optioning the right-hander to Triple-A Reno to figure things out, Jack Magruder reports for Today’s Knuckleball. Stewart said, “We want to get him on track the best way we can. We will figure it out and do what’s needed.”

Miller is currently slated to start against the Padres on Sunday, so the club has a few more days to consider what to do. Josh Collmenter will likely be activated over the weekend, which would create a convenient way to put him back on the roster and deal with Miller.

Jackie Bradley, Jr. and Xander Bogaerts both extend their hitting streaks

BOSTON, MA - MAY 24:  Jackie Bradley Jr. #25 of the Boston Red Sox returns to the dugout after scoring in the second inning during the game against the Colorado Rockies at Fenway Park on May 24, 2016 in Boston, Massachusetts. Extending his hitting streak to 28 games.  (Photo by Adam Glanzman/Getty Images)
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Red Sox outfielder Jackie Bradley, Jr. and shortstop Xander Bogaerts both extended their hitting streaks on Wednesday night against the Rockies, and both did it in the bottom of the fourth inning.

Bogaerts led off the inning with a solo home run to left-center off of Chad Bettis. After David Ortiz walked and Hanley Ramirez grounded into a fielder’s choice, Bradley laced a single to left field. Bogaerts’ streak now stands at 18 games and Bradley’s is at 29. Bradley is tied with Johnny Damon for the fourth-longest streak in Red Sox history. He trails Tris Speaker and Nomar Garciaparra at 30 and Dom DiMaggio at 34.

The Red Sox entered Wednesday’s action averaging 5.87 runs per game, the best mark in baseball. The major league average is 4.28. Bogaerts and Bradley, unsurprisingly, have been a big part of the offense’s success thus far.