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:

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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.

Watch: George Springer robs Todd Frazier with an incredible catch at the wall

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Perhaps there are a few who still miss the slope of Tal’s Hill rising from center field, but George Springer isn’t one of them. He lassoed a 403-foot fly ball from Todd Frazier in the seventh inning of Game 6, reaching nearly to the top of the wall to prevent the Yankees from gaining on the Astros’ 3-0 lead.

According to Statcast, a fly ball with an exit velocity of 103.6 MPH and a launch angle of 29 degrees lands for a home run 72% of the time. That wasn’t going to fly with the Astros, who were facing runners on first and second with one out and saw Justin Verlander‘s pitch count rapidly approaching 100.

It wasn’t long before the Yankees tried for another home run, however, and this one sailed far above the heads of all of the Astros’ outfielders. Aaron Judge lofted a 425-foot shot to left field in the eighth inning, destroying a first-pitch fastball from Brad Peacock and finally getting New York on the board.

The Yankees currently trail the Astros 4-1 in the bottom of the eighth.