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.

Twins place Miguel Sano on the 10-day disabled list with shin injury

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The Twins have placed third baseman Miguel Sano on the 10-day disabled list with a stress reaction in his left shin, per the Star Tribune’s LaVelle E. Neal. Sano left Saturday’s game against the Diamondbacks after running out a ground ball double play in the fourth inning and was held out of Sunday’s lineup.

Sano, 24, is batting .267/.356/.514 with 28 home runs and 77 RBI in 475 plate appearances this season. The Twins are five back of the Indians for first place in the AL Central and currently hold a tie with the Angels for the second Wild Card slot.

Ehire Adrianza got the start at third base during Sunday’s win and could handle the hot corner while Sano is out. Eduardo Escobar could also get some time at third.

Buster Posey thinks Hector Neris hit him on purpose

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Giants catcher Buster Posey was hit by a pitch in the bottom of the eighth inning during Sunday afternoon’s series finale against the Phillies. It was a first-pitch fastball from closer Hector Neris, who had just entered the game. The Giants then had the bases loaded, but Pablo Sandoval struck out to end the inning and the Giants went on to lose 5-2.

After the game, Posey said he thinks Neris hit him on purpose, per Henry Schulman of the San Francisco Chronicle. Posey thinks Neris thought he couldn’t get him out.

Per MLB.com’s Todd Zolecki, Neris said “absolutely not” when asked if he threw at Posey on purpose. The rest of the Phillies clubhouse, per Zolecki, “Say whaaat?!”

Here’s a link to the video of Posey getting hit. Now that we have automatic intentional walks, pitchers don’t even have to risk throwing four pitches wide of the strike zone to intentionally walk a hitter, so if Neris felt he couldn’t get Posey out, there was still no need to hit him. Furthermore, Neris isn’t going to hit Posey to load the bases and put the go-ahead run on first in a 4-2 ballgame. Sandoval has been a much worse hitter than Posey, for sure, but Neris would lose the platoon advantage if he felt like facing Sandoval instead, anyway.

Getting hit hurts, so it’s understandable Posey may have been salty in the moment. But after the game, when the pain has subsided and he’s had time to think over everything, there’s no way Posey should still come to the conclusion that Neris was trying to hit him on purpose.