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.

The Rangers release Josh Hamilton

ARLINGTON, TX - OCTOBER 4: Josh Hamilton #32 of the Texas Rangers reacts after scoring a run on a Elvis Andrus RBI double during the seventh inning of a baseball game against the Los Angeles Angels at Globe Life Park on October 4, 2015 in Arlington, Texas. Texas won 9-2 and won the AL West Title. (Photo by Brandon Wade/Getty Images)
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Welp, it was probably worth the gamble given that the Angels were paying most of his salary. But the Rangers’ gamble on Josh Hamilton failed and now Josh Hamilton is a free agent. The club has given him unconditional release waivers.

Hamilton underwent surgery to repair lateral and meniscus cartilage in his left knee back in June. During surgery it was discovered that he had an ACL injury as well, which required reconstruction. This whole season was lost and, while Hamilton has one year remaining on his contract, the Rangers are clearly able to compete without him and could use the roster spot over the small chance that he could be an everyday player again.

Hamilton will earn $30 million next season, $26.41 million of which is being paid for by the Angels. Last year in 182 plate appearances with the Rangers, Hamilton hit .253/.291/.441 with eight home runs and 25 RBI. At age 35, it’s not hard to imagine that his major league career is effectively over.

 

The Yankees offer to pay for Doc Gooden’s rehab

FLUSHING, NY - UNDATED:  Dwight Gooden #16 of the New York Mets delivers a pitch during a game at Shea Stadium circa 1984-1994 in Flushing, New York.  (Photo by Scott Halleran/Getty Images)
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With the continuing caveat that it is really weird and likely as uncomfortable as hell for all of those involved for this to be playing out so publicly, here is the latest news on the Doc Gooden/Daryl Strawberry/possible cocaine relapse story. From the Daily News:

Dwight (Doc) Gooden is insisting publicly that he doesn’t have a drug problem, yet more and more people want to help him — none more significant than the Yankees, who have reached out to say they’ll pay for any treatment he would consider getting.

That’s admirable of the Yankees, as is their refusal to comment on it further (the Daily News got this info from Strawberry). The Yankees, of course, gave both Strawberry and Gooden second chances in the 1990s when their addiction problems threatened their careers.