Appeals court to reconsider Barry Bonds’ obstruction of justice conviction

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Barry Bonds has already done his time — if you can call 30 days in his mansion “time” — but he is still seeking to have his conviction for obstruction of justice arising out of the BALCO investigation overturned. He just got an assist in that regard from the 9th Circuit Court of Appeals, which has agreed to re-hear his appeal.

Originally a three-judge panel rejected his appeal, but appellants have a right for an en banc rehearing — in which the entire panel of judges determine whether to reconsider — and a majority of the 28-judge panel granted his petition. That vacates last September’s decision against Bonds and gives the entire panel a chance to weigh-in.

At specific issue is whether it’s OK for prosecutors to get an obstruction of justice conviction based on statements that were not held to be perjury. Which is what happened in this case. You may recall that Bonds, under oath gave a long, rambling answer about whether he had ever been injected with drugs, famously going on about how he was “a celebrity child” before finally answering in the negative. The prosecution basically double-charged Bonds for that statement, first with perjury and then with obstruction. The jury decided that was not perjury and acquitted him on that count. They did, however, hold that it was obstruction. The 9th Circuit apparently wants to reconsider whether that’s kosher.

As we noted at length at the time of the conviction, the idea that Bonds’ answer, however rambling it was, constituted obstruction of justice, is a joke. Bonds may have riffed for a few moments, but soon after he directly answered a yes-or-no question with a “no.” A “no” that the jury decided was not a lie. There aren’t many criminal cases in the history of Anglo-American jurisprudence in which a testifying target of a grand jury investigation did not, at least for a moment, try to fudge his way out answering a question. One of the first things you’re taught in law school is that it’s your job as the lawyer to rein the witness in and get him to answer. The prosecutor eventually did that here. And then the prosecutor decided to literally make a federal case out of the fact that a witness rambled for a minute, calling it obstruction of justice. The jury, it’s worth noting, thought it was a joke too, but they felt their hands were tied.

Good for the Ninth Circuit for reconsidering a conviction which was clearly bogus and a charge which was designed as nothing more than a face-saving throw-in for a prosecution that was doomed from the very moment it became clear that the prosecution did not have sufficient evidence to go forward but decided to do so anyway.

The rehearing will take place in September. If it’s successful for Bonds, he’ll have beaten every charge thrown his way. At least as far as the law is concerned.

Report: Yankees to promote Gleyber Torres

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Yankees top prospect Gleyber Torres will be promoted to the majors this weekend, per a report from Jack Curry of the YES Network. Torres was expected to make his debut earlier in the season, but his starting date was pushed back after he suffered a bout of back tightness last Monday. Now, however, it looks like he’s finally healthy enough to make an impact on a team that’s in sore need of an offensive boost. As of Saturday evening, the team has yet to officially confirm the move.

The 21-year-old infielder has made quite the impression in Triple-A Scranton/Wilkes-Barre this spring, slashing .370/.415/.543 with five extra-base hits and 11 RBI in his first 53 plate appearances. Prior to the start of the 2018 season, he was ranked first overall in the Yankees’ system and fifth among the league’s best prospects (via MLB Pipeline). His numbers at the plate have been made all the more impressive by the fact that he’s only 10 months removed from Tommy John surgery on his non-throwing arm; neither the injury nor the lengthy recovery process seems to have had any detrimental effect on his game play this year.

While Torres appears most comfortable as a shortstop, he’s not expected to supplant Didi Gregorius in a starting role. Instead, it’s more likely that he’ll sub in at second and third base among the likes of Miguel Andujar, Neil Walker and Ronald Torreyes.