The highly unusual obstruction of justice conviction Barry Bonds was stuck with on April 13 was upheld by a federal judge on Friday night.
Bonds’ lawyers had asked for a new trial on the charge or an acquittal, but U.S. District Judge Susan Illston refused Friday to overturn the only unanimous decision reached by the jury in her courtroom four months ago. Jurors failed to reach a verdict on three counts charging Bonds with making false statements to a grand jury in 2003. Prosecutors have yet to say whether they plan to retry him on those three counts.
According to The Associated Press, the next step for Bonds is to appeal to the 9th U.S. Circuit Court of Appeals, which could leave things without a resolution until 2013. Bonds does have a strong case against the charge. As our own Craig Calcaterra broke it down this morning:
You’ll recall that the primary basis for Bonds’ motion was that one cannot or at least should not be convicted of obstruction of justice on the basis of giving “evasive testimony” when in fact he actually answered the question. And Bonds did — after a brief, meaningless digression — answer the question at issue with a straight “no” answer. And answering the question aside, the law in this area makes it clear: the burden is on the prosecutor to direct a less-than-cooperative witness to answer a question, not to simply let him ramble, throw his hands up in the air and cry “obstruction!” or “perjury!”
Sentencing has yet to be determined, but the common belief is that Bonds could spend anywhere from 3-6 months in jail if the conviction is upheld.
The Yankees’ offense finally woke up, scoring eight runs in Game 3 of the ALCS on Monday night while the pitching kept the Astros’ offense at bay. That came after scoring a total of two runs against Astros pitching in the first two games. For a recap of the Yankees’ scoring in Game 3, click here.
CC Sabathia wasn’t dominant, but he executed pitches when he needed to most, preventing the Astros from capitalizing on their opportunities. Overall, he gave up three hits and four walks while striking out five on 99 pitches. He’s the first pitcher, age 37 or older, to throw six shutout innings in the postseason since Pedro Martinez for the Phillies against the Dodgers in Game 2 of the 2009 NLCS. Monday’s start also marked Sabathia’s first career scoreless outing in the postseason — it was his 22nd postseason appearance.
Astros starter Charlie Morton couldn’t escape the fourth inning, when he allowed a run and loaded the bases before departing. Will Harris allowed all three inherited runners to score on Aaron Judge‘s three-run home run to left field. Morton was ultimately charged with seven runs on six hits, two walks, and a hit batsman with three strikeouts in 3 2/3 innings.
The Yankees’ bullpen held the fort after the sixth. Adam Warren worked a scoreless seventh. Warren returned in the eighth and retired the side in order, despite yielding a pair of well-struck balls to deep center field.
In the ninth, Dellin Betances walked both hitters he faced to start the frame. Unsurprisingly, manager Joe Girardi had a short leash and brought in Tommy Kahnle. Kahnle gave up a single to Cameron Maybin then struck out George Springer, but walked Alex Bregman to force in a run. Kahnle got Jose Altuve to ground into a 4-3 double play to end the game in an 8-1 victory, giving the Yankees their first win of the series.
The ALCS continues on Tuesday at 5 PM ET. The Astros will start Lance McCullers and the Yankees will send Sonny Gray to the hill.