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.

Report: Rays nearing a deal with Shawn Tolleson

ST. LOUIS, MO - JUNE 18: Reliever Shawn Tolleson #37 of the Texas Rangers pitches against the St. Louis Cardinals in the eighth inning at Busch Stadium on June 18, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
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Update (6:48 PM EST): Topkin reports the contract will be of the major league variety.

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Marc Topkin of the Tampa Bay Times reports that the Rays and free agent reliever Shawn Tolleson are close to finalizing a contract.

Tolleson, who turns 29 years old on Thursday, had an ugly 2016 season, finishing with a 7.68 ERA and a 29/10 K/BB ratio in 36 1/3 innings. He was one of the Rangers’ best relievers in the two seasons prior to that, however, which included saving 35 games in 2015.

President Obama pardons Willie McCovey

SAN FRANCISCO, CA - APRIL 06:  San Francisco Giants legend Willie McCovey  waves to the crowd while seating between Jeff Kent (L) and Willie Mays during a ceremony honoring Buster Posey for winning the 2012 National League MVP before the Giants game against the St. Louis Cardinals at AT&T Park on April 6, 2013 in San Francisco, California.  (Photo by Ezra Shaw/Getty Images)
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The big presidential pardon news today concerns the commutation of Chelsea Manning’s sentence. We’ll leave that aside. For our purposes, know that someone in the world of baseball was pardoned: Willie McCovey.

Yes, Hall of Famer Willie McCovey, who in 1995 pleaded guilty to income tax fraud related to the non-reporting of income received from memorabilia and autograph shows. Duke Snider pleaded guilty alongside McCovey. They were given two years probation and fines of $5,000. Snider died in 2011. McCovey still works with the San Francisco Giants as a senior advisor and goodwill ambassador.

President Obama’s release of McCovey’s pardon was pretty succinct. But it’s enough to scrub the record of one of the greatest sluggers of all time.