Barry Bonds

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.

Albert Pujols passes Mark McGwire with 584th career home run

CLEVELAND, OH - AUGUST 11: Albert Pujols #5 of the Los Angeles Angels of Anaheim runs out a double during the ninth inning against the Cleveland Indians at Progressive Field on August 11, 2016 in Cleveland, Ohio. The Indians defeated the Angels 14-3. (Photo by Jason Miller/Getty Images)
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Angels DH Albert Pujols passed Mark McGwire for sole possession of 10th place on baseball’s all-time home run leaderboard, slugging his 584th career home run in the first inning of Wednesday night’s game against the Blue Jays.

Mike Trout had already slugged a solo home run off of Jays starter Marco Estrada to bring Pujols to the dish. Pujols jumped on an 0-1 cut fastball, sending it out to left-center field, clearing the fence by a few feet.

Pujols, who finished 4-for-4 with the homer and an RBI double, is batting .257/.321/.441 with 24 home runs and 99 RBI on the year. His next target on the home run leaderboard is Frank Robinson at 586.

Zach Britton allowed an earned run for the first time since April 30

BALTIMORE, MD - AUGUST 22:  Zach Britton #53 of the Baltimore Orioles pitches for his 38th save in the ninth inning during a baseball game against the the Washington Nationals at Oriole Park at Camden Yards on August 22, 2016 in Baltimore, Maryland.  The Oriole won 4-3.  (Photo by Mitchell Layton/Getty Images)
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Orioles closer Zach Britton had appeared in a major league record 43 consecutive games without allowing an earned run, spanning May 5 to August 22. That streak came to an end on Wednesday evening against the Nationals.

The Orioles entered the bottom of the ninth inning holding a 10-3 lead, but reliever Parker Bridwell immediately found himself in hot water. He yielded back-to-back singles to Danny Espinosa and Clint Robinson. He was able to strike out Trea Turner, but walked Jayson Werth to load the bases. Daniel Murphy then crushed his first career grand slam to make it a 10-7 game. That prompted manager Buck Showalter to bring in Britton.

Britton, too, was knocked around. He served up a single to Bryce Harper, followed by a double to Anthony Rendon that scored Harper, pushing the score to 10-8 and ending Britton’s streak. Wilson Ramos reached on a fielder’s choice back to Britton, but the lefty finally finished the game by getting Ryan Zimmerman to ground into a game-ending 4-6-3 double play.

Britton now holds a nice 0.69 ERA with 38 saves and a 61/16 K/BB ratio in 52 innings of work this season.