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.
Mike DiGiovanna of the Los Angeles Times reports that the Angels have agreed to terms on a minor league contract with right-handed reliever Javy Guerra. The deal includes an invitation to major league spring training.
Guerra was suspended 50 games by Major League Baseball last July after testing positive for a drug of abuse. That suspension is now over, though Guerra is probably ticketed for the Angels’ Triple-A affiliate to begin the 2016 season.
The 30-year-old made just three major league appearances in 2015 for the White Sox before getting outrighted off Chicago’s 40-man roster. He does own a 2.87 ERA in 150 1/3 career innings, but it has come with bouts of inconsistency and unreliability.
Maybe he can get everything going in the right direction with Anaheim.
As first reported by Bill Shanks of Fox Sports 1670, the Braves have signed right-handed reliever Carlos Torres to a minor league contract with an invitation to spring training.
Torres was waived by the Mets in January, somewhat surprisingly, and elected to become a free agent. The 33-year-old ultimately chose Atlanta, where he should have a good shot at an Opening Day roster out of spring training with the rapidly-rebuilding Braves.
Torres posted an ugly 4.68 ERA in 57 2/3 innings last season for the Mets, but he registered a gorgeous 3.06 ERA and 96 strikeouts across 97 innings in 2014.
If he gets off to a good start in 2016, he could become valuable trade bait.
Roberto Osuna became the youngest pitcher to ever play for the Blue Jays last season at age 20 and he rose to the challenge with a 2.58 ERA, 0.92 WHIP, and 75/16 K/BB ratio in 69 2/3 frames. Osuna eventually took over as Toronto’s closer, earning 20 regular-season saves and one in the American League Division Series — a five-out effort in Game 5 to close out the visiting Rangers.
But the Jays upgraded the back end of their bullpen this winter, acquiring Drew Storen from the Nationals in early January for speedy outfielder Ben Revere. Jesse Chavez was also brought to Toronto in a trade with the A’s.
Storen has more experience at closer than Osuna, and Storen struggled when the Nationals tried to put him in a setup role. Storen, in his final year of salary arbitration, also gets paid much more. He’s probably going to enter spring training as the favorite for the Jays’ ninth-inning gig, but there will be a competition …
Blue Jays general manager Ross Atkins told Ben Nicholson-Smith of Sportsnet.ca on Wednesday that he doesn’t expect the team to choose between Osuna or Storen until midway through spring training, if not later.
There’s been talk of making Osuna a starter, so add that wrinkle.
Storen, 28, boasts 95 career major league saves.
Baltimore’s front office appears to be lining up a run of potential roster additions leading into the beginning of spring training.
We’ve already passed along the reports suggesting they are close to a three-year deal with free agent starter Yovani Gallardo, but now FOX Sports’ Ken Rosenthal adds that free agent outfielder Dexter Fowler could be next on the Orioles’ target list. It they get those two deals done, the O’s could then chase free agent slugger Pedro Alvarez.
Rosenthal says the Orioles are even eyeing Jay Bruce of the Reds, though the FOX reporter hears the O’s might not have the prospects to pull off that kind of trade.
The focus for the Orioles out of the gate this winter was re-signing Matt Wieters and Chris Davis. Wieters accepted his one-year, $15.8 million qualifying offer in November and Davis was locked up to a seven-year, $161 million contract in mid-January.
Now the O’s are spending a little leftover cash on late-offseason additions to improve their position in what should be a tight 2016 American League East race.