Barry Bonds

Barry Bonds’ lawyers argue his obstruction of justice conviction today

17 Comments

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:

source:

 

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.

A-Rod’s mansion is featured in Architectural Digest

Alex Rodriguez
Leave a comment

For a couple of years people worried if A-Rod would sully the Yankees Superior Brand. Given how they’re playing these days I wonder if A-Rod should be more worried about the Yankees sullying his brand.

He resurrected his baseball career last year. He’s cultivated a successful corporate identity. He’s in a relationship with a leading Silicon Valley figure. It’s all aces. And now it’s total class, as his home is featured in the latest issue of Architectural Digest:

Erected over the course of a year, the 11,000-square-foot retreat is a showstopper, with sleek forms and striking overhangs that riff on midcentury modernism, in particular the iconic villas found at Trousdale Estates in Beverly Hills. Unlike Rodriguez’s previous Florida home, the Coral Gables house is laid out on just one story so the interiors would connect directly to the grounds. Says Choeff, “Alex wanted to accentuate the indoor-outdoor feel.”

There are a lot of photos there.

I don’t think I have much in common with Alex Rodriguez on any conceivable level, but I do like his taste in architecture and design. I’m all about the midcentury modernism. Just wish I had the paycheck to be more about it like my man A-Rod here.

Video: Yadier Molina does pushups after being brushed back, gets hit

Screen Shot 2016-05-03 at 9.21.21 AM
6 Comments

The best part of this sequence is not that Molina successfully evaded an inside pitch or that, in doing so, he hit the dirt and did some pushups. It’s not even the part where, after that, het got back up and knocked a single to left field.

No, the best part is the applause from the crowd. Very respectful fan base in St. Louis. They’d even applaud an opposing player who showed such a great work ethic. Or so I’m told.

 

Justin Verlander and Kate Upton are engaged

Detroit Tigers pitcher Justin Verlander, left, and model Kate Upton pose for a photograph during second half NBA All-Star Game basketball action in Toronto on Sunday, Feb. 14, 2016. (Mark Blinch/The Canadian Press via AP) MANDATORY CREDIT
Associated Press
6 Comments

Justin Verlander and Kate Upton have been a couple for a long time. And dudes like me have been writing about them for a long time because, well, Justin Verlander and Kate Upton.

They’ve fallen a bit off the radar in recent years thanks to Verlander taking a step back from Cy Young contender status and Upton’s profile likewise receding a bit, but if anything that probably helped things out given how hard it probably is to live a life with paparazzi hovering every time you want to out and get a burger or something.

In any event, those two crazy kids have made it work. Made it work so well that Verlander gave Upton a big fat rock that she showed off at last night’s Met Ball, which is a fundraising gala for the Metropolitan Museum of Art. Check it out:

Screen Shot 2016-05-03 at 8.20.56 AM

When you’re on a $180 million contract you can afford stuff like that, I guess.

Anyway, it looks like Upton enjoyed the fancy, star-studded gala in New York. I’m sure Verlander had a good time on the Tigers’ off-day in Cleveland. There’s a lot to do in Cleveland if you know where to look.

And That Happened: Monday’s scores and highlights

Chicago Cubs manager Joe Maddon yells toward Pittsburgh Pirates relief pitcher Kyle Lobstein after Cubs' Ben Zobrist was hit by a pitch in the seventh inning of a baseball game, Monday, May 2, 2016, in Pittsburgh. The Cubs won 7-2. (AP Photo/Keith Srakocic)
Associated Press
9 Comments

Here are the scores. Here are the highlights:

Cubs 7, Pirates 2: Plunky Brewster. Archie Plunker — no, Archie Plunker’s Place.  Plunkingham Palace. Fran Plunkington. I dunno, but there was plunking here, starting with Jason Hammel hitting Starling Marte to lead off the sixth followed by Kyle Lobstein hitting Ben Zobrist in the seventh. Hard to deny that Hammel hitting Marte wasn’t retaliation for Tony Watson hitting Jake Arrieta in the Wild Card Game last year, though I’m sure everyone denied it. Boys will be boys. Hammel allowed two runs pitching into the sixth and his ERA almost doubled, which tells you how good he’s been in the early going.

Rangers 2, Blue Jays 1: Nomar Mazara won April’s Rookie of the month award yesterday afternoon and several hours later hit a tiebreaking home run in the top of the eighth. Then, in the bottom of the eighth, he threw out a dude at home plate. Not a bad day for the kid. This was also a playoff rematch that had the potential for a plunking. Some think the Rangers still want to hit Jose Bautista for the infamous bat flip last October. Maybe it’ll come later in the series when the game is not as close, but for now the Rangers are probably pretty happy with him going 0-for-4 with two strikeouts.

Giants 9, Reds 6: Johnny Cueto returned to Cincinnati to pitch in front of his old home crowd. He didn’t pitch well, giving up six runs in five innings, but you have a bit of a margin for error against this Reds teams. The Giants bats supplied the margin, rattling out 14 hits, including Brandon Crawford‘s three-run homer in the seventh to put the Reds Giants ahead. He added a fourth RBI in the ninth for some insurance.

Mets 4, Braves 1: Mike Foltynewicz got called up yesterday to make his first big league start of the year. He was greeted by a four-run first inning. Gwinnett County is in the same time zone as New York so you can’t blame jet lag, but maybe he got some bad shortbread cookies on the flight or something. Or maybe, based on the fact that he sucked in 15 starts last year, he’s simply not that great. Maybe if these are the 1988 Braves all over again, as I’ve hoped and suspected, he’s our Kevin Coffman: the guy purported to have great stuff and a great future who just got eaten alive by big league pitching before disappearing into witness protection. Meanwhile, Bartolo Colon — who is way closer in age to Kevin Coffman than Mike Foltynewicz — tossed eight shutout innings.

Brewers 8, Angels 5: Jimmy Nelson had two hits including a go-ahead RBI single. He also allowed only two runs over seven innings and got the win. The Brewers got their runs in bunches, with four in the fifth and four in the sixth.

Twins 6, Astros 2: The Twins, who started the season with a notable losing streak and are considered to be among the top underachievers of the young season, now have the same record as the Astros who were favored by many to win the AL West and who most have said “it’s OK, they’ll come around.” And it’s not because the Twins have turned into world-beaters in the past couple of weeks. I’m not saying it’s time to panic in Houston or anything, but eww. Jose Berrios got his first career win, giving up two runs on three hits with eight strikeouts in five and a third. Much better than his debut.

Nationals 2, Royals 0: Four in a row for the Nats as Gio Gonzalez and the bullpen combine on a five-hit shutout. The Royals have lost six of seven. Three of those losses have been shutouts.

Cardinals 10, Phillies 3: Adam Wainwright provided the game’s biggest highlight with a monster homer. The Cards hit five homers in all. When Wainwright was asked about his homer later he used the term “ducks on the pond” to refer to men on base when he came to bat. Which makes me think that Wainwright is 86 years-old. Seriously, I’m pretty sure he started Game 3 of the 1964 World Series against the Yankees. He was really salty when his manager, Johnny Keane, left St. Louis to take over for Yogi Berra in New York the following year. Everything turned out OK, though.

Mariners 4, Athletics 3Nathan Karns gave up three runs while pitching into the seventh. The M’s won for the fifth straight time in the Coliseum. They may be the only ones who like it there. Not that I can or should slam the place. I’m taking my kids on vacation to California next month and I’m taking them to a game there. I could just as easily take them to a Giants game at AT&T but I sort of want them to see what it was like to go to a ballgame in some weird multi-use place with a better proletariat-to- bourgeoisie ratio like I did in the 70s and 80s.

Padres 2, Rockies 1: Matt Kemp hit a two-run double in the first inning and it held up thanks to James Shields allowing one run over six. Shields has gotten seven runs in support in his six starts this season.