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.
It’s hard to believe that it’s been 18 years since Mark McGwire and Sammy Sosa captivated the nation with their epic chase of Roger Maris’ home run record. But it has been, and after years of reaction, counter-reaction and, of course, baseball’s reckoning with the performance-enhancing drugs which helped fuel the chase, it’s probably finally time to do our best to contextualize it historically.
Today one of my favorite news outlets does that with an oral history. All of the key figures weigh-in on it, from McGwire and Sosa to Bud Selig to Tony La Russa. Randy Johnson makes an appearance as well, reminding us that it wasn’t just the sluggers who had an amazing year in 1998. Indeed, his story, including his being traded to Houston and going on an amazing second-half run, has almost been lost to history.
This is bookmark material, my friends. For savoring later if you can’t read it now. And for revisiting at another time given the depths to the drama which justifies multiple readings. I’ll just warn you that there is some adult language in the story, but that’s to be expected given the passion the 1998 baseball season inspired.
Go check it out.
UPDATE: Cabrera was removed from the game due to back spasms.
1:21PM: This is not good: Asdrubal Cabrera was removed from today’s game against the Nationals with an apparent injury.
It’s unclear what the injury was, as Cabrera had yet to even play in the game. Matt Reynolds came on to play shortstop in the bottom of the first inning, but Cabrera didn’t bat in the top of the first. It could be an illness. Or some freak occurrence.
We’ll update when we hear more.
Last night’s Cardinals-Cubs game was a blowout, with the Cubs beating the Cards 12-3. Apparently, however, in the ninth inning of the game, Reynoldsburg, Ohio’s own Mike Matheny played the Cardinals infield in, which is a move you never see in a blowout. Why did he do that?
He hasn’t said yet, but Cubs manager Joe Maddon just spoke to the media before today’s game and he’s speculating that Matheny did it as a form of protest:
God, I hope that’s true. I hope that manager replay challenges, which are already dumb enough inasmuch as they turn what should be an officiating correction device into a strategic tool, are now turning into another front in the Great Unwritten Rules Wars. I hope that we now have a bunch of people talking about how there’s a right way and a wrong way to use the replay system and that one can disrespect the other side if they do it the wrong way. The way the replay system has been implemented often resembles tragedy. Why not make it farce?
Oh well, I guess it beats throwing at someone for doing that wrong. And I guess it’s just a reminder that no matter what we do, baseball is always gonna give us an opportunity for petty bits of silliness.
The St. Louis Cardinals just announced that they have acquired minor league outfielder Jose Martinez from the Royals in exchange for cash considerations.
Martinez was the 2015 Pacific Coast League batting champ, hitting .384 in 98 games. This year he’s hitting .298/.356/.433 in 37 games. He doesn’t have a ton of power — he’s more of a doubles guy — and turns 28 this year so he’s not a prospect but he’s not chopped liver.
Meanwhile, Cash Considerations continues to be well-traveled. It must be hard for him to be dealt so many times a season. So much uncertainty and time away from his family. Feel for the guy.