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.

Report: Astros remain in contact with the Athletics on Sonny Gray

OAKLAND, CA - AUGUST 06: Sonny Gray #54 of the Oakland Athletics pitches against the Chicago Cubs during the first inning at the Oakland Coliseum on August 6, 2016 in Oakland, California. (Photo by Jason O. Watson/Getty Images)
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The Astros remain in contact with the Athletics on starting pitcher Sonny Gray, Ken Rosenthal of FOX Sports reports. The Astros have added Charlie Morton this offseason, but the club has been trying to add a big-name starting pitcher to put at the top of the rotation behind Dallas Keuchel.

Gray, 27, was limited to 22 starts in the 2016 season due to a forearm issue. His stats left a lot to be desired, as he finished with a 5-11 record, a 5.69 ERA, and a 94/42 K/BB ratio over 117 innings. Considering how Gray pitched in the previous three years, he’s a good bet to bounce back.

Gray is under team control through 2019, which is a big draw for the Astros. Needless to say, the Athletics would want a haul in terms of prospects. Gray will earn $3.575 million in 2017, having avoided arbitration in his first year of eligibility.

President Obama Welcomes the Cubs to the White House

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As we noted last week, The Chicago Cubs took the unusual step of not waiting until the summer after winning the World Series to make their customary White House visit to meet the president. They did it today, seeing President Obama a few short days before he leaves office.

Despite the fact that Obama is a White Sox fan, he met the Cubs with diplomacy and grace. It’s almost as if he’s been in that business for the past eight years. In return, he was given some gifts by the Cubs: Theo Epstein presented Obama with a No. 44 Cubs jersey, a tile from the center field scoreboard at Wrigley Field, and a lifetime pass to Wrigley as well.

Obama is staying in D.C. after he leaves office this week, hanging around so his daughter can finish high school in the same place she started. Even so, he’s likely going to be back to Chicago a good bit over the rest of his life, so he’ll likely be able to put the free pass to work. Assuming it comes with, like, six companion passes for his Secret Service detail.