Closing Arguments Delivered In Barry Bonds Trial

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.

Reports of shots fired outside Nationals Park career fair, at least one injured

WASHINGTON, DC - JULY 20: A general view in the third inning of the Washington Nationals and New York Mets game at Nationals Park on July 20, 2015 in Washington, DC.  (Photo by Rob Carr/Getty Images)
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There are breaking reports of gunman outside Nationals Park in Washington who open fired during a career fair for concession workers at the ballpark.

Washington D.C. police have been dispatched. There are reports of at least one person injured after having been shot in the face. Police are advising people to avoid the South Capitol area and areas surrounding Nats Park.

More as we learn more.

 

Dominican Journalist Reports that Yordano Ventura was robbed as he lay dying

CHICAGO, IL - MAY 22:  Starting pitcher Yordano Ventura #30 of the Kansas City Royals delivers the ball against the Chicago White Sox at U.S. Cellular Field on May 22, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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There is a disturbing report out of the Dominican Republic, yet to be confirmed by police, but in wide circulation thanks to a series of tweets from Hall of Famer Pedro Martinez. The report: that looters encountered a still alive Yordano Ventura after his automobile accident, robbing of him his World Series ring and other possessions, before leaving him to die.

The report comes from Dominican Republic journalist Euri Cabral, who made the claim on a radio station. His comments were picked up by Martinez, who tweeted about it in Spanish. The tweets, collected and translated by the Royals Review blog:

“How outrageous to know that a life like Yordano’s could have been saved had it not been that they looted him the way he was looted . . . Now it is more painful to know that Yordano remained alive after the accident and instead of someone to help him, they robbed him and let him die . . . I hope an investigation will be carried out, because if there is any specific evidence of this, I would feel a great deal of shame for my country.”

As for the state of details which are currently confirmed, Rustin Dodd and Maria Torres of the Kansas City Star report that Ventura crashed his Jeep after leaving an annual festival, losing control and hitting a guardrail in a mountainous area in foggy conditions. Ventura was not wearing a seatbelt at the time and was ejected from the vehicle.

Ventura’s family is said to be pushing for further investigation and clarification as to Cabral’s claims. We will obviously followup with anything Dominican authorities say on the matter.