Closing Arguments Delivered In Barry Bonds Trial

Appeals court to reconsider Barry Bonds’ obstruction of justice conviction

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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.

What’s on Tap: Previewing Monday’s action

CLEVELAND, OH - SEPTEMBER 21: Starter Corey Kluber #28 of the Cleveland Indians pitches during the first inning against the Kansas City Royals at Progressive Field on September 21, 2016 in Cleveland, Ohio. (Photo by Jason Miller/Getty Images)
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The Indians, leading by one game over the Tigers, can clinch the AL Central on Monday night and they’ll have their best starter going for them in Corey Kluber. Kluber will match up against the Tigers’ Buck Farmer in a 7:10 PM EST start at Comerica Park.

Kluber won the American League Cy Young Award in 2014, going 18-9 with a 2.44 ERA, but regressed last season, finishing with a league-worst total of 16 losses and a 3.49 ERA. Thankfully for the Indians, he bounced back in 2016. He’ll enter tonight’s start with an 18-9 record, a 3.11 ERA, and a 224/56 K/BB ratio in 211 innings. Among qualified starters in the AL, Kluber is fourth-best in ERA behind Michael Fulmer, Masahiro Tanaka, and Rick Porcello.

Kluber’s best case for the Cy Young is a Sabermetric one. Though his record is good, Porcello shares his 3.11 ERA but with a 22-4 record. Kluber, however, has the best Fielding Independent Pitching (FIP) in the league at 3.11. FIP, for the uninitiated, is a “retrodictor.” In other words, it attempts to figure out what a pitcher’s ERA should have been if defense weren’t a factor. Kluber shines with a 26.6 percent strikeout rate that ranks as the fourth best in the league and a 6.7 percent walk rate that is the 17th-lowest. xFIP is like FIP but it assumes a home run rate close to the league average (about 10 percent as a percentage of fly balls). Kluber falls back to fifth in the league at 3.46 here, but the only players above him have much worse real results. So, even xFIP bolsters Kluber’s case for the Cy Young Award.

If Kluber is able to help the Indians beat the Tigers on Monday night, the club will have won a division title for the first time since 2007. That was when the club was led by CC Sabathia, then all of 26 years old. It’s been a long time coming for the Indians.

The rest of Monday’s action…

Arizona Diamondbacks (Archie Bradley) @ Washington Nationals (Tanner Roark), 7:05 PM EDT

Chicago Cubs (Kyle Hendricks) @ Pittsburgh Pirates (Chad Kuhl), 7:05 PM EDT

New York Yankees (Luis Severino) @ Toronto Blue Jays (J.A. Happ), 7:07 PM EDT

New York Mets (Bartolo Colon) @ Miami Marlins (Adam Conley), 7:10 PM EDT

Milwaukee Brewers (Matt Garza) @ Texas Rangers (Martin Perez), 8:05 PM EDT

Seattle Mariners (Hisashi Iwakuma) @ Houston Astros (Collin McHugh), 8:10 PM EDT

Tampa Bay Rays (Drew Smyly) @ Chicago White Sox (James Shields), 8:10 PM EDT

Cincinnati Reds (Tim Adleman) @ St. Louis Cardinals (Jaime Garcia), 8:15 PM EDT

Oakland Athletics (Sean Manaea) @ Los Angeles Angels (Jered Weaver), 10:05 PM EDT

Officials: Speed, impact likely killed Jose Fernandez

MIAMI, FL - AUGUST 03: Jose Fernandez #16 of the Miami Marlins looks on during a game against the New York Mets at Marlins Park on August 3, 2015 in Miami, Florida.  (Photo by Mike Ehrmann/Getty Images)
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Some details have been released in connection with the investigation into the boat crash which killed Jose Fernandez.

Lorenzo Veloz, an official with the Florida Wildlife Commission, told USA Today that the boat carrying Jose Fernandez and two others was traveling at a high rate of speed when it struck rocks as it approached a channel near the port of Miami. While autopsy results have not yet been released, it is likely that trauma from the crash, and not drowning, is what killed the boat’s passengers. Veloz said it did not appear that Fernandez was driving and that, while it was a boat he used often, it did not belong to him. Rather, it belonged to one of the other men killed in the crash.

Veloz said neither drugs nor alcohol are believed to have been a factor in the crash. Toxicology results will take some time, however.

It is estimated that the boat was traveling at full speed, between 55 and 65 miles per hour, when it hit rocks and capsized.