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:

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.

Bobby Valentine on short list to be U.S. Ambassador to Japan

NEW YORK, NY - SEPTEMBER 12:  Former MLB player Bobby Valentine attends Annual Charity Day hosted by Cantor Fitzgerald, BGC and GFI at BGC Partners, INC on September 12, 2016 in New York City.  (Photo by Larry Busacca/Getty Images for Cantor Fitzgerald)
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There is literally nothing you could tell me that the incoming administration is considering which would shock me anymore. As such, I saw this story when I woke up this morning, blinked once, took a sip of coffee, closed the browser window and just went on with my morning, as desensitized as a wisdom tooth about to be yanked.

Rob Bradford of WEEI reports that Former Red Sox, Mets and Rangers manager Bobby Valentine is on a short-list of candidates for the job of United States Ambassador to Japan:

The 66-year-old, who currently serves as Sacred Heart University’s athletics director, has engaged in preliminary discussions with President-elect Donald Trump’s transition team regarding the position.

When contacted Thursday night, Valentine refused comment.

Huh. Given his history, I’d have assumed Valentine would be a better choice for the CIA, but what do I know?

Valentine managed the Chiba Lotte Marines of Japan’s Pacific League for six seasons, leading the team to a championship in 2005. He also knows the current prime minister of Japan, Shinzo Abe, as both went to USC. Assuming championship teams meet the country’s leader in Japan like they do in the United States, Valentine has at least twice the amount of experience with top political leaders than does, say, Ned Yost, so that’s something.

The former manager, more importantly, is friends with Donald Trump’s brother, with the two of them going way back. Which, given how this transition is going, seems like a far more important set of qualifications than anything else on this list.

Report: Dexter Fowler will take a physical in St. Louis on Friday

CLEVELAND, OH - NOVEMBER 02:  Dexter Fowler #24 of the Chicago Cubs reacts after lining out during the third inning against the Cleveland Indians in Game Seven of the 2016 World Series at Progressive Field on November 2, 2016 in Cleveland, Ohio.  (Photo by Ezra Shaw/Getty Images)
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Update (8:51 PM EST): The deal is in place, according to Heyman.

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Update (8:27 PM EST): Derrick Goold of the St. Louis Post-Dispatch reports that the Cardinals made an “over-the-top offer” to Fowler to ensure he’d sign.

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Frank Cusumano of KSDK Sports reports that free agent outfielder will take a physical in St. Louis on Friday. Presumably, that means that Fowler and the Cardinals have gotten pretty far along in negotiations.

Jon Heyman of FanRag Sports recently reported that Fowler was looking for $18 million per year. The Blue Jays reportedly made an offer to Fowler in the four-year, $16 million range several days ago. The Cardinals’ offer to Fowler, if there is indeed one, is likely somewhere between the two figures.

Fowler, 30, is coming off of a fantastic year in which he helped the Cubs win their first World Series since 1908. During the regular season, he hit .276/.393/.447 with 13 home runs, 48 RBI, 84 runs scored, and 13 stolen bases in 551 plate appearances.

Fowler rejected the Cubs’ $17.2 million qualifying offer last month. While the QO compensation negatively affected Fowler’s experience in free agency last offseason — he didn’t sign until late February with the Cubs — his strong season is expected to make QO compensation much less of an issue.