Barry Bonds Convicted Of One Count Of Obstruction Of Justice

Barry Bonds loses his appeal, faces 30 days home confinement


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:


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.

The Cubs acquire Rex Brothers from the Rockies

Rex Brothers Rockies

The number of people who, if you held a gun to their head, would say that “Rex Brothers” was a game show host and/or local TV news personality from the late 1970s or early 80s is not insignificant. But if you’re a Rockies fan or if spend all day thinking about baseball you know that he’s a reliever who has played in Colorado for the past five years. Now you know him as a reliever for the Cubs:

Brothers — a former Best Shape of His Life All-Star — was pretty good until he hit a brick wall in 2014 and spent most of 2015 in Triple-A. He had something of a bounceback after being called up when rosters expanded in September, but that’s not the sort of thing to excite anyone. He could be useful for the Cubs or just spring training cannon fodder and organizational depth.

Cabrera just turned 18 a couple of weeks ago and pitched a grand total of 14 games in the Dominican Summer League. He’s young and was a $250,000 signee from the Dominican as a 16-year-old so, by definition, he’s a project. Worth giving up Rex Brothers for him if you’re the Rockies, worth risking for some depth in the pen if you’re the Cubs.

Diamondbacks hire Dave Magadan as hitting coach

Dave Magadan Rangers
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Steve Gilbert of reports that the Diamondbacks’ new hitting coach is Dave Magadan, who “parted ways” with the Rangers last month after three years filling the same role in Texas.

Magadan also previously was the Red Sox’s hitting coach and his teams have generally done pretty well, including the Rangers scoring the third-most runs in the league this year.

He’ll have plenty of talent to work with in Arizona, as the Diamondbacks scored the second-most runs in the league led by Paul Goldschmidt, A.J. Pollock, and David Peralta. Turner Ward, who had been Arizona’s hitting coach, chose to leave the team two weeks ago.

A’s reacquire Jed Lowrie in trade with Astros

Jed Lowrie

Jed Lowrie, who was traded from the Astros to the A’s in 2013 and then re-signed with the Astros as a free agent last offseason, has now been traded back to the A’s.

Lowrie got a three-year, $23 million deal from the Astros with the idea that he’d play shortstop in the first season and then move to another position whenever stud prospect Carlos Correa arrived. Instead he got hurt right away, Correa became an immediate star, and the Astros weren’t so keen on paying him $15 million over the next two seasons.

He could resume playing shortstop for the A’s, who watched rookie Marcus Semien make an absurd number of errors there this year. Lowrie hit .271 with a .738 OPS in two seasons in Oakland, which is similar to his career totals and makes him a solidly above-average offensive shortstop. There’s a decent chance the A’s will have a Lowrie-Lawrie double-play duo in 2016.

In return the Astros get minor leaguer Brendan McCurry, a 24-year-old right-hander who split 2015 between high Single-A and Double-A with a 1.86 ERA and 82/17 K/BB ratio in 63 relief innings. He was a 22nd-round draft pick in 2014 and doesn’t have exceptional raw stuff, but McCurry’s numbers are incredible so far.

White Sox sign catcher Alex Avila to a one-year deal

Detroit Tigers' Alex Avila, right, is congratulated by third base coach Dave Clark after his solo home run in the third inning in the second game of a baseball doubleheader against the Chicago White Sox, Monday, Sept. 21, 2015, in Detroit. (AP Photo/Carlos Osorio)

There have been a lot of articles published in the past few days about how to navigate awkward Thanksgiving conversations with your relatives. Heck, we even wrote one.

But there’s always room for more! Such as “How to talk to your father at Thanksgiving dinner about the fact that he let you walk away from the only team you’ve ever known to sign with a division rival.” Which is what Alex Avila will likely be talking about with his father, Tigers GM Al Avila:

The older Avila can’t even say he did it because he’s opposed to nepotism. After all, he just hired his other son — who has had his law degree for just over a year — as the Tigers assistant legal counsel for baseball operations. Though I’m sure that wasn’t nepotism. He probably just aced the interview and impressed everyone more than the other candidates did.

OK, those are jokes. In all seriousness, this is a good move for Alex and Al and, probably, the White Sox. With the emergence of James McCann, there really is not space for Alex Avila in Detroit in anything other than a backup capacity. In Chicago, he’ll get more playing time. At least if he can (a) stay healthy; and (b) not hit .191/.339/.287 again like he did in 2015.