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.

Kenny Lofton, Carlos Baerga to throw out first pitches in Games 1 and 2

CLEVELAND - OCTOBER 05:  Kenny Lofton #7 of the Cleveland Indians runs to first base against the New York Yankees during Game Two of the American League Divisional Series at Jacobs Field on October 5, 2007 in Cleveland, Ohio.  (Photo by Gregory Shamus/Getty Images)
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Major League Baseball just announced the details for the ceremonial and off-field stuff in connection with Games 1 and 2 of the World Series. The one most people were wondering about was the ceremonial first pitch. Sorry, Charlie Sheen fans. Sorry fans of “Major League” in general. Two real baseball stars are handing first pitch duties: Kenny Lofton before Game 1, Carlos Baerga for Game 2.

Lofton needs no introduction. He should be a Hall of Famer but is criminally overlooked, perhaps because he bounced around to a lot of different clubs. He made his name in Cleveland, however, doing three separate tours with the Indians, leading the AL in stolen bases for five straight years early in his career and putting up a line of .300/.375/.426 in ten seasons on the shores of Lake Erie.

Baerga played for the Tribe between 1990 and 1996 and was, for a time, quite the superstar, even if people don’t talk about him much anymore. His career fell off pretty quickly in that way that often happens for second basemen and/or stars who end up on the Mets, but there was a time when he was perhaps the biggest star on some excellent Indians teams. People had “will Carlos Baerga be a Hall of Famer?” conversations and stuff. The mid-90s were a special time.

Beyond the first pitches, the National Anthem will be sung by Rachel Platten before Game 1 and by the group Locash before Game 2. As I am an old man out of touch with most things, I have no idea who they are, but I am sure their fans are passionate and their renditions of the Anthem will be fine and non-controversial. Fox, MLB and the folks at major record labels are pretty good about that sort of thing and everyone will be especially vigilant in light of what happened with that Canadian tenors group at the All-Star Game. If nothing else, I bet you pick up the check for the Anthem performance after the song, and not before these days.

I guess the White Sox don’t count

CHICAGO - APRIL 04: General Manager Ken Williams of the Chicago White Sox shows off his World Series Championship ring during ceremonies prior to the start of a game against the Cleveland Indians on April 4, 2006 at U.S. Cellular Field in Chicago, Illinois. (Photo by Jonathan Daniel/Getty Images)
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I realize everyone is super excited about the Cubs being in the World Series for the first time since 1945, with the chance to win it for the first time since 1908. But you’d think folks would remember that it’s just the Cubs — and not Chicago as a whole — who have been away from the Fall Classic for so long.

I know their recent struggles makes it seem like a long, long time ago, but the White Sox won the World Series in 2005. They were in the World Series in 1959 too. You wouldn’t know that, though, if you looked at some prominent media outlets:





I understand the impulse to tell the “a whole city is coming together!” story every time stuff like this happens, but there are a lot of White Sox fans in Chicago. A good number of them don’t give a crap about the Cubs. Many even resent them for being the glory franchise in the city in the eyes of many. They certainly don’t feel like there’s a championship drought afoot, and I imagine they’re somewhat cranky about having their team’s glory plastered over like this.