Closing Arguments Delivered In Barry Bonds Trial

Appeals court to reconsider Barry Bonds’ obstruction of justice conviction


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.

Marc Anthony gets into the agent business, signs Aroldis Chapman

Aroldis Chapman

There is a somewhat mixed history of entertainers and musicians getting into the sports agent business. Sometimes it works out (Jay-Z has done OK). Sometimes it doesn’t (Master P says “Hi”).

Add another one to the list. A pretty big one. Ken Rosenthal reports that Marc Anthony’s Magnus Media is getting into sports. And the company, Magnus Sports, just signed a new client: Reds closer Aroldis Chapman. From Rosenthal:

The company said in a news release that it will team with a baseball agency, Praver Shapiro Sports Management — and that the group’s first major client will be Reds closer Aroldis Chapman.

Praver Shapiro represents a number of Latin players, including Marlinsshortstop Adeiny Hechavarria, Cubs right fielder Jorge Soler, Reds pitcherRaisel Iglesias and free-agent third baseman Juan Uribe.

Chapman is on the trading block right now but 2016 is his walk year, and barring injury he’ll due for perhaps the biggest payday a closer has ever seen. Whether he’ll actually get it depends on the negotiating skills of the biggest salsa artist the world has ever seen.

Gentlemen: you have a year to get some song title pun/headlines ready.

Orioles interested in Denard Span

Denard Span
AP Photo/Alex Brandon
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MASN’s Roch Kubatko is reporting that the Orioles have “some level” of interest in free agent outfielder Denard Span. The Nationals did not make a $15.8 million qualifying offer to Span, which means he doesn’t come attached with draft pick compensation unlike other free agents such as Alex Gordon and Dexter Fowler.

Span, who turns 32 in February, hit a solid .301/.365/.431 with five home runs, 22 RBI, 38 runs scored, and 11 stolen bases, but took only 275 plate appearances due to back and hip injuries. He underwent season-ending hip surgery in September but is expected to be ready to participate in spring training.

The Mets and Royals have also reportedly shown interest in Span’s services.

Blue Jays showing interest in Ryan Madson

Ryan Madson
AP Photo/Orlin Wagner

ESPN’s Jerry Crasnick reports that the Blue Jays are on the prowl for relievers with closing experience. Ryan Madson is one of the names on their list.

Madson, 35, had a career rebirth with the Royals in 2015. He signed a minor league deal with the club that paid him a salary of $850,000 if he made it back to the majors. Due to a plethora of arm injuries, Madson hadn’t pitched in the majors since Game 5 of the 2011 NLDS against the Cardinals as a member of the Phillies. For the Royals, he wound up becoming a crucial member of the bullpen, finishing with a 2.13 ERA and a 58/14 K/BB ratio over 63 1/3 innings.

While Madson allowed five runs in 8 1/3 post-season innings, he pitched well when it mattered most, as he hurled three scoreless frames in three appearances in the World Series against the Mets.

Madson has closing experience, with 55 career saves. 32 of them came in 2011 when he took over the closer’s role from Brad Lidge.

After signing Marco Estrada and J.A. Happ, and trading for Jesse Chavez, the Jays have bolstered their rotation but it was reported on Saturday that interim GM Tony LaCava is still focused on upgrading the pitching staff.

Trevor Cahill considering the Pirates as a potential destination

Trevor Cahill
AP Photo/Paul Beaty

ESPN’s Buster Olney reports that free agent pitcher Trevor Cahill is looking for a one-year, bounce-back deal. The Pirates are one of the potential teams he is considering.

It’s no surprise that the Pirates are on Cahill’s list. Pirates pitching coach Ray Searage has garnered a reputation as a miracle worker after turning around the careers of a handful of pitchers, including Edinson Volquez, Francisco Liriano, and J.A. Happ. Volquez parlayed a one-year, $5 million deal with the Pirates into a two-year, $20 million deal with the Royals last December. Liriano signed with the Pirates on a one-year, $1 million contract and turned that into a three-year, $39 million deal. Happ, dealt to the Pirates from the Mariners at the most recent trade deadline, just signed a three-year, $39 million contract with the Blue Jays.

Cahill, once a highly-regarded pitching prospect, has scuffled over parts of seven seasons in the majors. The 27-year-old owns a career 4.13 ERA with a 754/427 K/BB ratio in 1,083 2/3 innings. Cahill had some brief success after signing with the Cubs as a free agent in mid-August, compiling a 2.12 ERA in 11 appearances out of the bullpen.