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.

Must-Click Link: The Turbulent Final Year of Yordano Ventura’s Life

KANSAS CITY, MO - OCTOBER 23:  Yordano Ventura #30 of the Kansas City Royals reacts in the sixth inning while taking on the Toronto Blue Jays in game six of the 2015 MLB American League Championship Series at Kauffman Stadium on October 23, 2015 in Kansas City, Missouri.  (Photo by Jamie Squire/Getty Images)
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The Kansas City Star has covered the death of Yordano Ventura and its aftermath in a thorough, thoughtful, respectful and admirable fashion and it has all been compelling to read, even if it’s often been difficult to read. Their latest story may be the most difficult, though it is nonetheless essential.

It covers the final year of Ventura’s life which, sadly, was tumultuous. He had become estranged from his family. He was married to a woman who, at the time of the ceremony, was still married to her first husband and whose family, allegedly, later made threats against Ventura that we’re only now learning about. This includes allegations of armed men accosting Ventura at his home near the Royals spring training facility a year ago. An incident which led to him missing time due to “flulike symptoms,” but which, in reality, caused him considerable mental distress. He was again threatened, it is claimed, in Kansas City during the season. There is also an allegation that Ventura attempted suicide via an overdose of Benadryl, though that is disputed.

Beyond that, there is an arc to the end of Ventura’s life which sounds unfortunately familiar. It’s a story of a young man whose life changed dramatically in a very, very short period of time and who struggled at times to process the changes. Were it not for a fateful drive on a dark and winding road one night in late January, they all could’ve been things that, as his career matured, he could look back on as learning experiences. Now that he’s gone, however, they form the final, tragic chapter.

Report: Royals and Eric Hosmer have discussed a long-term contract extension

SAN DIEGO, CA - JULY 12:  Eric Hosmer #35 of the Kansas City Royals and the American League rounds the bases after hitting a home run against the National League in the 2nd inning of the 87th Annual MLB All-Star Game at PETCO Park on July 12, 2016 in San Diego, California.  (Photo by Denis Poroy/Getty Images)
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Ken Rosenthal of FOX Sports reports that the Royals and first baseman Eric Hosmer have discussed a long-term contract extension. However, Hosmer also indicated that he will head into free agency if a deal is not consummated by Opening Day.

Hosmer, 27, avoided arbitration with the Royals last month, agreeing to a $12.25 million salary for the 2017 season. He is one of four key Royals players who can become a free agent after the season along with Mike Moustakas, Alcides Escobar, and Lorenzo Cain. If Hosmer does reach free agency, he would arguably be the top free agent first baseman.

Hosmer finished the past season hitting .266/.328/.433 with 25 home runs and 104 RBI while making his first All-Star team.