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.

NL Wild Card Game: Cubs vs. Pirates lineups

Jake Arrieta

Here are the Cubs and Pirates lineups for tonight’s Wild Card game in Pittsburgh:

CF Dexter Fowler
RF Kyle Schwarber
LF Kris Bryant
1B Anthony Rizzo
3B Tommy La Stella
2B Starlin Castro
C Miguel Montero
SS Addison Russell
SP Jake Arrieta

Cubs manager Joe Maddon wanted Tommy La Stella in the lineup over Jorge Soler or Chris Coghlan, so he starts at third base and Kris Bryant shifts to left field. Bryant started just four games in left field all season, compared to 136 starts at third base. Also of note: After batting Addison Russell ninth–behind the pitcher–116 times this season Maddon has him in the more traditional eighth spot tonight.

RF Gregory Polanco
3B Josh Harrison
CF Andrew McCutchen
LF Starling Marte
C Francisco Cervelli
2B Neil Walker
SS Jordy Mercer
1B Sean Rodriguez
SP Gerrit Cole

Pedro Alvarez started 119 games at first base for the Pirates and with right-hander Jake Arrieta on the mound he was the presumed starter tonight, but instead manager Clint Hurdle has benched the 27-homer slugger in favor of utility man Sean Rodriguez. Alvarez is vastly superior to Rodriguez offensively, especially versus a righty, but he’s also very shaky defensively. During the regular season Rodriguez started a grand total of one game at first base against a right-hander, so this qualifies as a hunch by Hurdle.

The Cardinals are optimistic about Yadier Molina’s status

St. Louis Cardinals' Yadier Molina celebrates as he arrives home after hitting a solo home run during the fourth inning of a baseball game against the San Francisco Giants Monday, Aug. 17, 2015, in St. Louis. (AP Photo/Jeff Roberson)
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Jenifer Langosch of reports that Cardinals catcher Yadier Molina‘s bum thumb responded well after participating in baseball activities Tuesday, including catching, hitting, blocking balls and the like.

This morning Cardinals manager Mike Matheny said that he’s now even more optimistic that Molina will be on the NLDS roster. The Cards’ first game will be Friday against the winner of tonight’s Cubs-Pirates tilt.

Having Molina would obviously be a boon for the Cardinals on the field. For a look at what Molina means to the Cardinals off the field, however, take some time to go read Derrick Goold’s excellent story about what Molina’s teammates think of him. Short version: the world. It’s worth your time, even if you’re not a citizen of Cardinals Nation.