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.

Mets are considering pushing back Jacob deGrom’s next start

SAN FRANCISCO, CA - AUGUST 18: Jacob deGrom #48 of the New York Mets pitches against the San Francisco Giants during the first inning at AT&T Park on August 18, 2016 in San Francisco, California.  (Photo by Jason O. Watson/Getty Images)
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The Mets are concerned with starter Jacob deGrom and are considering pushing back his next start, MLB.com’s Anthony DiComo reports. The club thinks the right-hander is fatigued.

deGrom, 28, has had another strong season, currently standing with a 2.96 ERA and a 137/32 K/BB ratio in 143 innings. However, he’s battled command issues in his last two starts. Against the Giants and Cardinals, he gave up a combined 13 earned runs on 25 hits and three walks with eight strikeouts in nine and two-thirds innings.

The Mets are already without Steven Matz, Zach Wheeler, Matt Harvey, and Jon Niese. deGrom’s recent bout is just the latest in what has been a season-long starting pitching struggle for the club. Nevertheless, only the Cubs (2.85) and Nationals (3.57) have posted a better aggregate starting pitching ERA than the Mets’ 3.66.

Rangers call up Carlos Gomez, designate Drew Stubbs for assignment

HOUSTON, TX - JULY 08:  Carlos Gomez #30 of the Houston Astros waits for batting practice to being before playing the Oakland Athletics at Minute Maid Park on July 8, 2016 in Houston, Texas.  (Photo by Bob Levey/Getty Images)
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The Rangers have called up outfielder Carlos Gomez from Triple-A Round Rock and designated outfielder Drew Stubbs for assignment, Evan Grant of the Dallas Morning News reports. Gomez is in Thursday night’s starting lineup against the Indians, batting eighth and playing left field.

Gomez, 30, put up a paltry .210/.272/.322 triple-slash line in 323 plate appearances for the Astros. That forced the Astros to designate him for assignment before eventually releasing him earlier this month.

In 14 plate appearances with Round Rock, Gomez racked up two singles, a double, and a triple. The Rangers hope he can fill the void left by Shin-Soo Choo, who is expected to miss the rest of the season.