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.
Angels’ right-handed reliever Bud Norris made his 23rd appearance of the season on Friday, and after just three pitches, he was done for the night. He worked a 2-1 count to Marlins’ Dee Gordon in the eighth inning, then promptly exited the field after experiencing some tightness in his right knee. Neither Norris nor manager Mike Scioscia believe the injury is cause for major concern, and the 32-year-old right-hander admitted that it may have had something to do with his lack of stretching before he took the mound. For now, he’s day-to-day with right knee soreness, with the hope that the issue doesn’t escalate over the next few days.
While the Angels are lucky to have avoided serious injury, they’ll need Norris to pitch at 100% if they want to stay competitive within the AL West. They currently sit a full nine games behind the league-leading Astros, and haven’t been helping their cause after taking five losses in their last eight games. Friday’s 8-5 finale marked their third consecutive loss of the week.
When healthy, Norris has been one of the better arms in the Angels’ bullpen. Through 23 2/3 innings, he’s pitched to a 2.66 ERA, 3.4 BB/9 and an outstanding 11.8 SO/9 in 23 outings. The righty hasn’t allowed a single run in four straight appearances, recording three saves and helping the club clinch four wins in that span. This is his second setback of the year after sustaining a partial fingernail tear on his pitching hand during spring training.
Max Scherzer is a force to be reckoned with. The Nationals’ right-hander delivered a season-high 13 strikeouts against the Padres on Friday, locking down his fifth win and his fourth double-digit strikeout performance of the year.
More remarkably, it was also the 53rd double-digit strikeout performance of Scherzer’s career, tying Clayton Kershaw for the most 10+ strikeout appearances by an active major league pitcher. Chris Sale is a distant third, with 43 to his name, though he’s been making considerable strides to catch up so far this spring.
Scherzer took the Padres to task on Friday night, whiffing 13 of 31 batters during his 108-pitch outing. He started strong, catching Allen Cordoba swinging on a 1-2 count to start the game and keeping the game scoreless until Ryan Schimpf unleashed a home run in the fourth inning. That was the first and final run the Padres managed off of Scherzer, who retired 14 consecutive batters following the blast and came one out shy of a complete game in the ninth inning. (Fittingly, Koda Glover polished off the win with a final strikeout, bringing the total to 14 on the night.)
It’ll take more than one stellar start to advance Scherzer and Kershaw on the all-time list, however. Their 53-game record ranks 13th, about 159 games behind second-place Hall of Fame hurler Randy Johnson and a full 162 games shy of the inimitable Nolan Ryan.