Closing Arguments Delivered In Barry Bonds Trial

Appeals court to reconsider Barry Bonds’ obstruction of justice conviction

51 Comments

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: Phillies want a top-five prospect for Jeremy Hellickson

PHILADELPHIA, PA - JULY 20: Starting pitcher Jeremy Hellickson #58 of the Philadelphia Phillies throws a pitch in the second inning during a game against the Miami Marlins at Citizens Bank Park on July 20, 2016 in Philadelphia, Pennsylvania. (Photo by Hunter Martin/Getty Images)
Hunter Martin/Getty Images
2 Comments

Starter Jeremy Hellickson has become the Phillies’ most enticing trade chip as he’s put together a solid month of July. After shutting out the Marlins on one hit and one walk over six innings on Monday, the right-hander lowered his July ERA to 1.97 and his overall ERA to 3.65. As a result, the Phillies are telling teams they want a top-five prospect to part with Hellickson, per ESPN’s Jayson Stark.

Obviously, a top-five prospect means something different if you’re the Marlins as opposed to the Rangers. And the Phillies’ price point for Hellickson isn’t likely to stay that high, but GM Matt Klentak is setting a lofty starting point so that the return might end up being higher than market value.

ESPN’s Buster Olney speculates that the Phillies could end up holding onto Hellickson and giving him a qualifying offer after the season. He notes that the Phillies have only $25 million tied up for the 2017 season, so they could afford to pay Hellickson in excess of $16 million if he were to accept.

Video: Matt Cain launches a three-run home run

SAN FRANCISCO, CA - JULY 26: Matt Cain #18 of the San Francisco Giants hits a three run home run against the Cincinnati Reds during the second inning at AT&T Park on July 26, 2016 in San Francisco, California.  (Photo by Jason O. Watson/Getty Images)
Jason O. Watson/Getty Images
Leave a comment

Madison Bumgarner isn’t the only Giants pitcher who can rake. Matt Cain crushed a three-run home run during Tuesday’s game against the Giants.

Cain stepped to the plate with runners on the corner and one out against Reds starter Cody Reed in the bottom of the second inning. Reed threw a 1-1 fastball down the middle and Cain hit it about 20 rows back in the left field seats.

It’s Cain’s first homer of the season, his first since 2012, and the seventh of his 12-year career. He still has some work to catch up to Bumgarner, who has two homers this year and 13 in his career.

On the pitching side of things, Cain got the win against the Reds on Tuesday night, giving up four runs on six hits and a walk with four strikeouts in 5 1/3 innings. He currently holds an ugly 5.95 ERA.