Barry Bonds’ lawyers argue his obstruction of justice conviction today

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Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:

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As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

Report: Rays acquire Lucas Duda from the Mets

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MLB.com’s Mark Feinsand reports that the Rays have acquired first baseman Lucas Duda from the Mets. The Mets will receive pitching prospect Drew Smith in return, per Jeff Passan of Yahoo Sports.

Duda, 31, is batting .246/.347/.532 with 17 home runs and 37 RBI in 291 plate appearances for the Mets this season. He’ll provide a potent bat in the Rays’ lineup as they attempt to overcome their current 2.5-game deficit in the AL East.

Smith, 23, is the Rays’ No. 30 prospect, according to MLB Pipeline. He ascended from High-A to Triple-A already this season, posting an aggregate 1.60 ERA with a 40/9 K/BB ratio over 45 innings across four stops with High-A Lakeland (Tigers), High-A Charlotte (Rays), Double-A Montgomery, and Triple-A Durham.

Video: Blue Jays walk off against the Athletics again, this time with a grand slam

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The Blue Jays completed a four-game series sweep against the Athletics on Thursday afternoon and won their second consecutive game in walk-off fashion. Last night, the Jays went into the bottom of the ninth inning trailing 2-0, but a two-run home run by Justin Smoak followed by a solo home run from Kendrys Morales led to a 3-2 walk-off victory.

Thursday’s game was already interesting enough as starter Marcus Stroman, catcher Russell Martin, and manager John Gibbons were all ejected by home plate umpire Will Little. Despite the adversity, the Jays battled the A’s, tying the game at four apiece when Morales blasted a solo home run — his second of the game — in the bottom of the ninth inning. In the 10th inning, A’s reliever Liam Hendriks walked the bases loaded with two outs to bring up Steve Pearce. Pearce worked the count full before pulling a fastball down the left field line for a walk-off grand slam, giving the Jays an 8-4 victory to complete the sweep.

Before Pearce, the last Jays hitter to hit a walk-off grand slam was Gregg Zaun on September 6, 2008 against the Rays, per SportsNet Stats.