Barry Bonds Convicted Of One Count Of Obstruction Of Justice

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.

Gerrit Cole named Pirates’ Opening Day starter

BRADENTON, FL - FEBRUARY 19: Gerrit Cole #45 of the Pittsburgh Pirates poses for a photograph during MLB spring training photo day on February 19, 2017 at Pirate City in Bradenton, Florida. (Photo by Brian Blanco/Getty Images)
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Right-hander Gerrit Cole is set to take the mound for the Pirates on Opening Day, according to a team announcement on Saturday. It’s a spot that was most recently occupied by former Pirate Francisco Liriano, who made three consecutive Opening Day starts for the club before getting dealt to the Blue Jays last August.

The 26-year-old produced career-worst numbers during his fourth run with the Pirates in 2016, due in large part to bouts of inflammation in his right elbow. He finished the year with a 3.88 ERA, 2.8 BB/9 and 7.6 SO/9 over 116 innings before getting shut down in September to avoid further injury to his elbow. When healthy, however, Cole has been lights-out for the Pirates. Prior to his injury-laden campaign last year, he touted a career 3.07 ERA, 2.2 BB/9, 8.5 SO/9 and cumulative 10.2 fWAR from 2013 through 2015.

Cole will go toe-to-toe with the Red Sox during Boston’s home opener on Monday, April 3. Right-hander Jameson Taillon is scheduled to make the second start of the year, while fellow righty Ivan Nova will cover the Pirates’ home opener against the Braves on April 7. The Pirates’ third and fifth starters have yet to be announced.

Brett Anderson and Mike Montgomery could share Cubs’ rotation spot in 2017

CLEVELAND, OH - NOVEMBER 01:  Mike Montgomery #38 of the Chicago Cubs throws a pitch during the seventh inning against the Cleveland Indians in Game Six of the 2016 World Series at Progressive Field on November 1, 2016 in Cleveland, Ohio.  (Photo by Jamie Squire/Getty Images)
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Cubs’ manager Joe Maddon hasn’t selected a fifth starter for his 2017 rotation yet, but told reporters that he could envision left-handers Brett Anderson and Mike Montgomery sharing the spot throughout the year. Neither pitcher was stretched out to the full 200-inning threshold last year, Maddon added, and suggested that the two could alternate innings out of the rotation and bullpen as needed (via MLB.com’s Carrie Muskat).

Anderson, 29, was acquired by the Cubs in January on a $3.5 million deal. He’s coming off a rough 2016, during which he underwent back surgery and missed all but 11 1/3 innings of his last season with the Dodgers. His last full, healthy year in the majors yielded a 3.69 ERA, 2.3 BB/9 and 5.8 SO/9 over 180 1/3 innings with Los Angeles in 2015.

Montgomery, meanwhile, is vying for a rotation spot after pitching almost exclusively from the bullpen during the second half of the Cubs’ 2016 run. The 27-year-old lefty put up a 2.82 ERA, 4.7 BB/9 and 8.9 SO/9 over 38 1/3 innings for Chicago last year, returning in the postseason to post a 3.14 ERA during the Cubs’ championship finish.

Maddon also mentioned the possibility of throwing a sixth starter into the mix, which would help prevent his other starters from getting overworked too early in the year. Either way, Anderson and Montgomery are expected to get a lot of looks early in spring training as rotation spots are finalized in the weeks leading up to Opening Day.