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’ offense wakes up, leads way to 8-1 win vs. Astros in ALCS Game 3

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The Yankees’ offense finally woke up, scoring eight runs in Game 3 of the ALCS on Monday night while the pitching kept the Astros’ offense at bay. That came after scoring a total of two runs against Astros pitching in the first two games. For a recap of the Yankees’ scoring in Game 3, click here.

CC Sabathia wasn’t dominant, but he executed pitches when he needed to most, preventing the Astros from capitalizing on their opportunities. Overall, he gave up three hits and four walks while striking out five on 99 pitches. He’s the first pitcher, age 37 or older, to throw six shutout innings in the postseason since Pedro Martinez for the Phillies against the Dodgers in Game 2 of the 2009 NLCS. Monday’s start also marked Sabathia’s first career scoreless outing in the postseason — it was his 22nd postseason appearance.

Astros starter Charlie Morton couldn’t escape the fourth inning, when he allowed a run and loaded the bases before departing. Will Harris allowed all three inherited runners to score on Aaron Judge‘s three-run home run to left field. Morton was ultimately charged with seven runs on six hits, two walks, and a hit batsman with three strikeouts in 3 2/3 innings.

The Yankees’ bullpen held the fort after the sixth. Adam Warren worked a scoreless seventh. Warren returned in the eighth and retired the side in order, despite yielding a pair of well-struck balls to deep center field.

In the ninth, Dellin Betances walked both hitters he faced to start the frame. Unsurprisingly, manager Joe Girardi had a short leash and brought in Tommy Kahnle. Kahnle gave up a single to Cameron Maybin then struck out George Springer, but walked Alex Bregman to force in a run. Kahnle got Jose Altuve to ground into a 4-3 double play to end the game in an 8-1 victory, giving the Yankees their first win of the series.

The ALCS continues on Tuesday at 5 PM ET. The Astros will start Lance McCullers and the Yankees will send Sonny Gray to the hill.