Barry Bonds Convicted Of One Count Of Obstruction Of Justice

Barry Bonds loses his appeal, faces 30 days home confinement

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The 9th U.S. Circuit Court of Appeals upheld Barry Bonds’ criminal conviction for obstruction of justice today. While he could potentially appeal again to the Supreme Court such appeals are rarely if ever granted. This is probably it for him, and he’ll likely soon have to serve his 30 day home confinement sentence.

In denying the appeal, the court ruled that the statement Bonds gave to grand jurors in response to a question about whether he was ever given injections of any kind by Greg Anderson “served to divert the grand jury’s attention away from the relevant inquiry of the investigation, which was Anderson and BALCO’s distribution of steroids and PEDs. The statement was therefore evasive.”

As I’ve noted several times, however, the verdict on this question, and now this ruling from the appeals court, is bizarre. Bonds was asked a yes or no question. He went off on a tangent for a bit, but then the prosecutor led Bonds back to the subject at hand. Here was his answer:

source:

Did he evade? He tried to, sure. For a few seconds. And then he answered “no.” How this misled anyone or how this was any different than thousands of question/answer exchanges in grand jury testimony is beyond me.

It’s beyond the jurors too, as four of them said after the trial that they felt compelled to give this verdict despite the fact that Bonds answered the question and that they were deeply uncomfortable with that. So why did they do it? Because the prosecutor’s jury instruction adopted by the judge prohibited them from looking at the part of the testimony where Bonds answered the question. Which is just dumb. A man was convicted of evading a question that he did not, in fact, evade. And the jurors were prevented from considering the fact that he answered the question in determining his guilt. They were directed to only look at the small part of his testimony where he did, for a moment, go off-topic.

Bonds probably lied elsewhere in his testimony, but those lies weren’t the subject of the count on which he was convicted or this appeal. Indeed, he was acquitted of lying in those instances. It was only about this bit. And in this bit, Bonds answered the question asked. Now he’s got a criminal record for it.

You may like that if you don’t like Barry Bonds. Or if you think that, since he likely skated free on charges he was likely guilty of, it’s OK to get him on a charge he isn’t guilty of. But it’s not justice and it’s not right.

Marlins acquire Severino Gonzalez from the Phillies

PHILADELPHIA, PA - SEPTEMBER 15:  Severino Gonzalez #52 of the Philadelphia Phillies delivers a pitch in the ninth inning against the Pittsburgh Pirates at Citizens Bank Park on September 15, 2016 in Philadelphia, Pennsylvania.  The Pirates won 15-2. (Photo by Drew Hallowell/Getty Images)
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The Marlins announced on Tuesday afternoon that the club acquired pitcher Severino Gonzalez from the Phillies in exchange for a player to be named later or cash considerations.

Gonzalez, 24, was designated for assignment last Thursday by the Phillies to make room for outfielder Michael Saunders on the 40-man roster. The right-hander has had a rough go of it in 66 innings in the majors, owning a 6.68 ERA and a 62/14 K/BB ratio. That ratio shows there’s some potential there and the Marlins will have about five years to try and discover it.

Giants sign catcher Nick Hundley

DENVER, CO - JUNE 07:  Nick Hundley #4 of the Colorado Rockies takes an at bat against the Miami Marlins at Coors Field on June 7, 2015 in Denver, Colorado.  (Photo by Doug Pensinger/Getty Images)
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Andrew Baggarly of the Mercury News reports that the Giants have signed catcher Nick Hundley. It’s a major league deal worth $2 million.

Hundley, who is 33, but who seems like he’s been in the bigs for about 27 years, hit .260/.320/.439 with 10 homers in 83 games for the Rockies last season. Obviously he will be the backup given the presence of Buster Posey.