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.

Theo Epstein on sportswriters: “The life of a sportswriter is pretty lonely. You kind of work by yourself, sit there by yourself…”

CHICAGO, ILLINOIS - OCTOBER 07:  Chicago Cubs general manager Theo Epstein stands on the field during batting practice before the game between the Chicago Cubs and the San Francisco Giants at Wrigley Field on October 7, 2016 in Chicago, Illinois. (Photo by Jonathan Daniel/Getty Images)
Jonathan Daniel/Getty Images

Rick Morissey of the Chicago Sun-Times published an article on Sunday giving a bit of insight into Cubs president of baseball operations Theo Epstein. When Epsten was younger, he dabbled in sportswriting, but quickly realized the trade wasn’t for him.

As Morissey details, when Epstein was 19 years old writing for Yale’s student newspaper, he wrote an article suggesting the school’s football coach should be fired during what would become a 3-7 season. Epstein was told during the meeting that one writer would defend the coach and one would call for his job. “It was a lesson in the way that the world of journalism sometimes works. It was an eye-opener for me. I regret it, and I’ve happily moved on.”

Epstein continued, “I realized I didn’t want to be a sportswriter when I was interning with the Orioles back in ’92, ’93, ’94. I did do a lot of media-relations stuff, and I saw that the life of a sportswriter is pretty lonely. You kind of work by yourself, sit there by yourself in the press box, go back to the hotel bar. Not to generalize.” He added, “But I really respect writing and respect sportswriters.”

He’s not wrong, and he seems to have found his calling as a front office executive. His Cubs are back in the World Series for the first time since 1945.

Jason Kipnis injured his ankle celebrating the pennant with Francisco Lindor

TORONTO, ON - OCTOBER 17:  Jose Ramirez #11, Francisco Lindor #12, Jason Kipnis #22 and Mike Napoli #26 of the Cleveland Indians celebrate after defeating the Toronto Blue Jays with a score of 4 to 2 in game three of the American League Championship Series at Rogers Centre on October 17, 2016 in Toronto, Canada.  (Photo by Vaughn Ridley/Getty Images)
Vaughn Ridley/Getty Images

Indians second baseman Jason Kipnis tweeted on Sunday, “Got a little too close to [Francisco Lindor] during the celebration!! Freak accident but should be good to go by Tuesday! #cantkeepmeoutofthisgame!”

Per’s Jordan Bastian, manager Terry Francona said Kipnis is dealing with a low ankle sprain, but he’s expected to be ready to go when the World Series begins on Tuesday. Kipnis went through fielding drills on Sunday.

Kipnis is hitting .167/.219/.367 with a pair of homers and four RBI in eight games this postseason.