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.

Yankees re-sign Jon Niese to a minor league deal

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The Yankees have re-signed pitcher Jon Niese to a minor league contract, George A. King III of the New York Post reports. Niese was released on Sunday, but he’ll stick around and provide rotation depth for the Yankees.

Niese had knee surgery last August and got a late start to spring training as a result. In six spring appearances lasting an inning each, the lefty gave up three earned runs on five hits and a walk with five strikeouts.

Niese, a veteran of nine seasons, put up an aggregate 5.50 ERA with an 88/47 K/BB ratio in 121 innings last season between the Pirates and Mets.

Orioles acquire Alec Asher from the Phillies

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The Phillies announced on Tuesday that the club traded pitcher Alec Asher to the Orioles for a player to be named later.

Asher, 25, was the victim of a roster crunch. He was not going to make the 25-man roster and the starting rotation at Triple-A Lehigh Valley was already full. The Phillies acquired him from the Rangers in the July 2015 Cole Hamels trade.

Asher had good results in 27 2/3 innings in the big leagues last year, posting a 2.28 ERA with a 13/4 K/BB ratio. While it didn’t show in those stats, the right-hander sometimes struggles with command and he doesn’t miss bats often enough to make up for it. The Orioles, however, are happy to add some pitching depth.