Barry Bonds

The judge in the Bonds case still mulling whether to set aside his conviction


It’s been over four months since Barry Bonds was convicted of obstruction of justice and over two months since Bonds filed a motion to have that conviction set aside. Yesterday Bonds’ lawyers and the government had oral arguments in front of Judge Susan Illston about it all, but she’s still thinking about it, no decision has been reached and she gave no indication when would be.

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!”

All that said, I wouldn’t necessarily read anything into the fact that the judge didn’t issue a ruling yesterday. Maybe it’s an indication that she’s not hot affirm the conviction or maybe she’s flummoxed, sure, but it’s also just as likely that she’s been waiting/hoping that Bonds and the prosecution would settle all of this somehow thereby preventing her from even having to rule.  I mean, I’m sure there are more important matters on her docket.

Search warrant affidavit in Jose Fernandez boat crash cites “strong odor of alcohol”

ATLANTA, GA - SEPTEMBER 14:  Jose Fernandez #16 of the Miami Marlins pitches in the first inning to the Atlanta Braves at Turner Field on September 14, 2016 in Atlanta, Georgia.  (Photo by Kevin C. Cox/Getty Images)
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The Miami Herald reports that a search warrant affidavit connected to the investigation of the boat crash which killed Marlins pitcher Jose Fernandez says the bodies Fernandez and his friends had a “strong odor of alcohol” on them when they were recovered by divers.

The warrant was released today by the Miami-Dade state attorney’s office. It was executed for purposes of seeking possible criminal culpability in the fatal crash, though given that all of the boat’s occupants were killed, it is unclear what if any further steps law enforcement might take. The search warrant affidavit does mention a receipt for alcohol from a Miami Beach bar Fernandez and his friends had been to before the accident.

The warrant likewise says investigators found evidence that the driver of the vessel was driving at a high rate of speed and with a “recklessness’’ that was “exacerbated by the consumption of alcohol.”

Last night was the highest rated World Series Game 1 since 2009

CLEVELAND, OH - OCTOBER 25:  Roberto Perez #55 of the Cleveland Indians hits a three-run home run during the eighth inning against the Chicago Cubs in Game One of the 2016 World Series at Progressive Field on October 25, 2016 in Cleveland, Ohio.  (Photo by Gregory Shamus/Getty Images)
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Major League Baseball and Fox won’t openly root for any specific team to make the World Series. But you can bet they’re pretty happy with the Cubs making it thanks to the ratings they’re delivering.

The Indians win over the Chicago in Game 1 last night drew a 12.6 overnight rating. That means, on average, 12.6 percent of the TVs in the largest 56 markets were tuned in to the game. That’s the best World Series first game rating since 2009 when the Phillies-Yankees game drew a 13.8 overnight rating. Last night’s rating was up 20% from last year’s 10.5 between the Royals-Mets and up 58% from the Giants-Royals in 2014.

Now the rooting, however quiet it may be, will continue: for the Cubs to make a series out of this so as to keep the magic numbers coming.