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.
Nationals pitcher Bronson Arroyo has partial tears of tendons in his rotator cuff in his right shoulder. Considering he’s 39 years old, no one would fault him if he decided to call it quits. But he has one more idea, MASN’s Mark Zuckerman reports: Arroyo is going to throw side-arm, or at least three-quarters.
“It hurts when he gets on top [of the baseball],” manager Dusty Baker said. He continued, “So we’re taking our time. And if not, if nothing else, he’s a good guy to have in your organization.”
Arroyo missed the latter half of the 2014 season and the entire 2015 season after undergoing Tommy John surgery. Prior to that, he was known as a workhorse, racking up at least 199 innings in each of nine seasons between 2005-13.
Padres pitcher Robbie Erlin has a partial tear of his ulnar collateral ligament and he’ll need Tommy John surgery as a result, Dennis Lin of the San Diego Union-Times reports. Erlin landed on the disabled list on April 21. Now he’ll miss the rest of the season and likely the beginning of the 2017 season as well.
Erlin, 25, posted a 4.02 ERA with a 13/3 K/BB ratio in 15 2/3 innings spanning two starts and one relief appearance to begin the 2016 season.
Cesar Vargas moved into the rotation in Erlin’s absence and has pitched well thus far in two starts, yielding only one earned run with a 9/6 K/BB ratio over 10 1/3 innings.
Reds reliever Caleb Cotham allowed a pair of runs in the top of the eighth inning of Tuesday’s game against the Giants, setting a rather ignominious club record. It marks the 21st consecutive game in which the Reds’ bullpen has allowed a run, setting a new major league record, as C. Trent Rosecrans of the Cincinnati Enquirer points out.
Entering Tuesday’s action, the Reds’ bullpen had been by far the worst in the majors with a 6.54 ERA. The Padres’ bullpen, second-worst, is comparatively much better at 5.27.
The last time the Reds’ bullpen had a clean night was April 10 against the Pirates. That afternoon, Dan Straily, Jumbo Diaz, and Ross Ohlendorf combined for five scoreless innings in a 2-1 victory.
Yankees reliever Aroldis Chapman was suspended 30 games by Major League Baseball under its domestic violence policy for an offseason incident in which he allegedly pushed and choked his girlfriend, then discharged a firearm at least eight times in his garage. Monday marks game number 30, and Chapman is set to rejoin the club then, MLB.com’s Bryan Hoch reports. Manager Joe Girardi plans to insert Chapman directly into the closer’s role if a save situation arises against the Royals on Monday.
Chapman will make two appearances in the Gulf Coast League this week to continue warming up. He had been throwing in extended spring training games at the Yankees’ complex in Tampa.
The Yankees acquired Chapman from the Reds at the end of December, sending Caleb Cotham, Rookie Davis, Eric Jagielo, and Tony Renda to Cincinnati in return. While the back end of the bullpen hasn’t been an issue for the Yankees, seemingly everything else has for the 8-15, last place club.