Closing Arguments Delivered In Barry Bonds Trial

Appeals court to reconsider Barry Bonds’ obstruction of justice conviction


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.

Astros stave off AL West elimination, beat the Diamondbacks

Colby Rasmus, Gary Pettis
AP Photo
Leave a comment

Facing an elimination number of one, the Astros staved off elimination in the AL West by beating the Diamondbacks on Friday night by a 6-1 margin. The Rangers suffered a heartbreaking loss to the Angels on Saturday afternoon, which temporarily put the Astros’ fate in their own hands.

Colby Rasmus hit a pair of solo homers and Jose Altuve added a solo shot of his own. Starter Collin McHugh tossed seven innings of one-run ball, limiting the Diamondbacks to six hits and a walk with six strikeouts. Reliever Will Harris allowed a solo home run to Paul Goldschmidt in the eighth, but Luke Gregerson closed out the game with a scoreless ninth.

The Astros trail the Rangers by one game in the AL West and lead the Angels by one game for the second AL Wild Card slot. The Rangers can clinch the AL West on Sunday afternoon with a win or an Astros loss. The Astros can clinch the second AL Wild Card on Sunday afternoon with a win or an Angels loss.

The Yankees lost both ends of Saturday’s doubleheader against the Orioles and lead the Astros by only one game for the first AL Wild Card slot.

If the Astros win and the Rangers lose on Sunday, they will play an AL West tiebreaker in Texas. The winner will win the second AL Wild Card if the Yankees win on Sunday, or the first AL Wild Card if the Yankees lose on Sunday.

If the Astros lose and the Angels win on Sunday, the two teams will be tied for the second AL Wild Card. They would play a tiebreaker in Houston, and the winner would play the Yankees in New York in the Wild Card game.

Video: Kelby Tomlinson slides in for an inside-the-park home run

Kelby Tomlinson
AP Photo
1 Comment

Giants second baseman Kelby Tomlinson looked more like Ladainian Tomlinson the way he was running during Saturday afternoon’s game against the Rockies. In the first inning with one out against starter Chris Rusin, Tomlinson hit a fly ball into the right-center field gap at AT&T Park, a great place to go if you’re in the mood for an inside-the-park home run.

Neither Carlos Gonzalez nor Chris Dickerson could corral the ball before it rolled all the way to the 421-foot marker at the fence. Tomlinson motored around the bases, but Gonzalez made a strong throw into cut-off man D.J. LeMahieu, and LeMahieu made a great throw in to catcher Tom Murphy, but Tomlinson slid in safely just ahead of the tag.

It was an exciting play and the hit proved important as the Giants eked out a 3-2 win against the Rockies.