We knew this was coming, and the legal beagles out there will enjoy reading it, so here it is. Barry Bonds moves to have his conviction set aside on four grounds.
The first: that truthful statements can’t constitute obstruction of justice, referring to that “I was the child of a celebrity” digression which formed the basis of his conviction. That statement was truthful, Bonds argues, and the law that the prosecution cites to say that such truthful statements can form the basis of obstruction is inapplicable to this case.
The second basis is the one that appeals to me the most and which I discussed most thoroughly following the conviction: the argument that the government can’t say Bonds was evasive because he repeatedly answered the question asked anyway. Basically, the government block quoted one instance of Bonds not answering directly and then ignored all of the times he did answer directly. The jury ignored these other instances too, it seems. In this second section Bonds argues that the prosecutor has an obligation — as the Supreme Court has stated — to clear up unresponsive answers as well, which is something else I’ve argued repeatedly that the Bonds prosecutors did not do at all. And which, it should be noted, is something that could be just as damaging to the criminal justice system as perjury could be.
The third basis is a general “the weight of the evidence did not support a conviction” argument, which is kind of hard to pull off, but Bonds has to try it anyway.
Finally, Bonds argues that his immunity deal prevented his prosecution.
Since no one is paying me $400 an hour to review the case law and totally slam into the legal arguments here, I won’t, but I will say that as far as these things go, it seems like a pretty strong motion. Mostly because it was a pretty weak conviction.
That said, success on postrial motions such as these is not common and the burden a defendant who has been convicted by a jury is high, so there’s no guarantee of success here. An appeal may have a better shot.
Facing an elimination number of one, the Astros staved off elimination in the AL West by beating the Diamondbacks on Friday night by a 6-1 margin. The Rangers suffered a heartbreaking loss to the Angels on Saturday afternoon, which temporarily put the Astros’ fate in their own hands.
Colby Rasmus hit a pair of solo homers and Jose Altuve added a solo shot of his own. Starter Collin McHugh tossed seven innings of one-run ball, limiting the Diamondbacks to six hits and a walk with six strikeouts. Reliever Will Harris allowed a solo home run to Paul Goldschmidt in the eighth, but Luke Gregerson closed out the game with a scoreless ninth.
The Astros trail the Rangers by one game in the AL West and lead the Angels by one game for the second AL Wild Card slot. The Rangers can clinch the AL West on Sunday afternoon with a win or an Astros loss. The Astros can clinch the second AL Wild Card on Sunday afternoon with a win or an Angels loss.
The Yankees lost both ends of Saturday’s doubleheader against the Orioles and lead the Astros by only one game for the first AL Wild Card slot.
If the Astros win and the Rangers lose on Sunday, they will play an AL West tiebreaker in Texas. The winner will win the second AL Wild Card if the Yankees win on Sunday, or the first AL Wild Card if the Yankees lose on Sunday.
If the Astros lose and the Angels win on Sunday, the two teams will be tied for the second AL Wild Card. They would play a tiebreaker in Houston, and the winner would play the Yankees in New York in the Wild Card game.
Giants second baseman Kelby Tomlinson looked more like Ladainian Tomlinson the way he was running during Saturday afternoon’s game against the Rockies. In the first inning with one out against starter Chris Rusin, Tomlinson hit a fly ball into the right-center field gap at AT&T Park, a great place to go if you’re in the mood for an inside-the-park home run.
Neither Carlos Gonzalez nor Chris Dickerson could corral the ball before it rolled all the way to the 421-foot marker at the fence. Tomlinson motored around the bases, but Gonzalez made a strong throw into cut-off man D.J. LeMahieu, and LeMahieu made a great throw in to catcher Tom Murphy, but Tomlinson slid in safely just ahead of the tag.
It was an exciting play and the hit proved important as the Giants eked out a 3-2 win against the Rockies.