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.
Matt Holliday might not have a landing spot with the Cardinals in 2017, but that doesn’t mean he’s ready to hang his cleats up just yet. Prior to the Cardinals’ afternoon set against the Pirates on Saturday, the 36-year-old expressed his desire to further his career elsewhere, even if staying in St. Louis is not a possibility.
It’s been a down year for the outfielder, who batted .242/.318/.450 through 107 games before landing on the disabled list with a fractured right thumb. His 0.6 fWAR is the lowest mark of his career to date. Notwithstanding two injury-riddled seasons (he was sidelined through most of 2015 with a right quadriceps strain), he’s performed admirably for the Cardinals over the past eight years, putting up a .292/.379/.494 batting line, 156 home runs, and 26.8 fWAR with the club. With a return to full health, he might not be on the market for long.
It’s the last Clayton Kershaw start of the regular season. Prepare yourselves accordingly.
The Dodgers already have the NL West in the bag, but they’re still fighting for home-field advantage against the Nationals. Should the two teams end up with the same regular season record by Monday morning, the edge will go to the Dodgers, who have a better head-to-head record this year. Kershaw has already been announced as the starter for Game 1 of the NLDS, while the Nationals have kept their lineup close to the vest for the time being.
Facing the Dodgers is Giants’ left-hander Ty Blach, who is poised to make the second major league start of his career this afternoon. The Giants are in a precarious position heading into the last two games of the year and have the potential to force a three-way tie among NL wild card contenders. A thorough breakdown of the wild card and home-field advantage possibilities has been outlined here.
You can find more from Saturday’s action below.
New York Mets (Bartolo Colon) @ Philadelphia Phillies (Phil Klein), 1:05 PM EDT
Pittsburgh Pirates (Chad Kuhl) @ St. Louis Cardinals (Michael Wacha), 1:05 PM EDT
Baltimore Orioles (Wade Miley) @ New York Yankees (Luis Severino), 4:05 PM EDT
Los Angeles Dodgers (Clayton Kershaw) @ San Francisco Giants (Ty Blach), 4:05 PM EDT
Miami Marlins (Wei-Yin Chen) @ Washington Nationals (Tanner Roark), 4:05 PM EDT
Chicago Cubs (Jon Lester) @ Cincinnati Reds (Tim Adleman), 4:10 PM EDT
Cleveland Indians (Trevor Bauer) @ Kansas City Royals (Edinson Volquez), 4:15 PM EDT
Detroit Tigers (Jordan Zimmerman) @ Atlanta Braves (Aaron Blair), 7:10 PM EDT
Toronto Blue Jays (J.A. Happ) @ Boston Red Sox (Eduardo Rodriguez), 7:10 PM EDT
Tampa Bay Rays (Jake Odorizzi) @ Texas Rangers (Colby Lewis), 8:05 PM EDT
Milwaukee Brewers (Wily Peralta) @ Colorado Rockies (Jeff Hoffman), 8:10 PM EDT
Houston Astros (Collin McHugh) @ Los Angeles Angels (Tyler Skaggs), 9:05 PM EDT
Oakland Athletics (Jharel Cotton) @ Seattle Mariners (Hisashi Iwakuma), 9:10 PM EDT