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.

Video: Phillies rookies dance to “Greased Lightning”

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As per tradition, towards the end of the regular season, veterans on baseball’s various clubs haze the rookies by making them dress up and do something a bit embarrassing. That used to include things like making rookies dress up like women and carry pink backpacks, but Major League Baseball banned that practice, so veterans had to get marginally more creative.

The Phillies had their rookies — including Rhys Hoskins, J.P. Crawford, and Nick Williams — dress up like characters in Grease and perform “Greased Lightning” at their hotel in Atlanta on Friday night. Not only did the Phils’ vets and other members of the crew get a free show, but so did employees of the hotel and nearby hotel patrons.

Video with sound is not currently allowed to be embedded, so click here for that.

As MLB.com’s Todd Zolecki explains, Hoskins was the inspiration for the gag as he has earned the nickname “Rhys Lightning.” (Rhys, for the uninitiated, rhymes with “Grease.”) Hoskins said, “You always hear about team chemistry. I think stuff like that let’s you get to know guys on a different level, when you’re not at the field. You just become more personable with people. The better relationships you have, there’s a different level of playing for each other. And I think that’s usually a sign of a good team.”

The Twins also had some fun at the rookies’ expense:

Video: Aaron Judge hits 47th, 48th homers, now one shy of tying Mark McGwire’s rookie record

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Yankees outfielder Aaron Judge went yard twice in Sunday afternoon’s 9-5 loss to the Blue Jays, bringing his season total up to 48. That leaves him just one home run shy of tying the single-season rookie record set by Mark McGwire with the Athletics in 1987.

After Sunday’s performance, Judge is hitting .281/.416/.610 with 48 home runs, 105 RBI, and 122 runs scored in 651 plate appearances. He has the AL Rookie of the Year Award on lock and is neck-and-neck with the Astros’ Jose Altuve, Chris Sale of the Red Sox, and the Indians’ Corey Kluber in the AL MVP Award race.