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.

Royals closer Kelvin Herrera leaves with forearm tightness

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The Royals are a game and a half out of the crazy AL Wild Card race — six games back of the Indians in the division — so they don’t have a huge margin for error. They got some bad news last night, though, that could have a major impact on their playoff hopes: closer Kelvin Herrera experienced tightness in his right forearm in the ninth inning of last night’s win, forcing him out of the game.

Herrera walked the bases loaded, then went to a 2-0 count on the next batter before leaving the game. That last pitch was a fastball that clocked in at 91 m.p.h., which is NOT a typical Kelvin Herrera fastball.  Herrera didn’t talk after the game but his teammate Sal Perez said that Herrera told him  “I’m tight. I don’t feel my forearm.”

Reporters left the clubhouse before an official diagnosis or prognosis could be delivered, so expect an update some time today. If Herrera is out the closer duties could fall to Scott Alexander or Brandon Maurer.

Albert Pujols sets the all-time record for home runs by a foreign-born player

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Albert Pujols had a big night last night, driving in four runs as the Angels beat the Rangers 10-1. Three of those runs came on a three-run homer. That was the 610th home run of Pujols’ career, snapping a tie for eighth on the all-time list with Sammy Sosa. It also made him baseball’s all-time leader for home runs by a player born outside the U.S.

Pujols was aware of the accomplishment, of course, and noted how honored he was after the game:

”It’s pretty special. Obviously, all the great players from the Dominican Republic, Latin America, Venezuela, Mexico, Colombia, they’ve gone through the big leagues and to be able to accomplish something like this is very humbling.”

After Sosa, who is from the Dominican Republic, comes Rafael Palmeiro (569); Manny Ramirez (555); David Ortiz (541); Carlos Delgado (473); Jose Canseco (462); Adrian Beltre and Miguel Cabrera (459).