Breaking: Barry Bonds guilty of obstruction of justice, but not perjury. Which makes no sense at all.

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The jury in the Barry Bonds case has reached a verdict. At least on one count: Barry Bonds is guilty on the charge of obstruction of justice.  The jury has reached a hung verdict on the other three remaining counts. This makes no sense at all.

Bonds was facing four charges in all: three counts of lying to a grand jury — one each about taking steroids, taking HGH and receiving injections of any kind — and one catch-all count. That was the obstruction charge.  I’m not entirely sure how the jury could logically conclude that Bonds obstructed justice but not also conclude that he lied about the three specific topics for which he was accused of perjury.  There were no allegations of any other acts of obstruction beyond his testimony. He didn’t destroy evidence, for example.  If you have him for obstruction, how do you not have him on everything?  What possible act beyond lying — which the jury is saying they can’t agree on — can they convict him of obstruction?

The maximum sentence Bonds can receive for the obstruction count is 10 years in prison and a $250,000 fine. That’s not going to happen, however: others who have been convicted of similar charges in the BALCO prosecutions with similar criminal records (i.e. none), have received probation, short jail sentences and/or home confinement.  Most believe that Bonds would not receive anything greater.  The next hearing in the case — which could be the sentencing, but could be something prior to sentencing — has been set for May 20th.

As for the other three: the government has the option to retry Bonds.  I’d normally say that after all of this they wouldn’t bother. But then again, I thought they wouldn’t bother after most of their perjury evidence was thrown out on appeal, and yet they plowed ahead.

Now they have a conviction. On one count, and it’s a confusing verdict at that which could very well be the subject of a lot of post-trial procedure by the defense due to its logical inconsistency.  If you thought a verdict would bring closure: think again.

UPDATE:  More mystery.  It’s being reported that the basis of the obstruction conviction was the jury finding that Bonds obstructed justice with respect to his “Statement C” as listed in Count 5.  The underlined part of the following is “Statement C”

Q: Did Greg ever give you anything that required a syringe to inject yourself with?

A: I’ve only had one doctor touch me. And that’s my only personal doctor. Greg, like I said, we don’t get into each others’ personal lives. We’re friends, but I don’t – we don’t sit around and talk baseball, because he knows I don’t want – don’t come to my house talking baseball. If you want to come to my house and talk about fishing, some other stuff, we’ll be good friends, you come around talking about baseball, you go on. I don’t talk about his business. You know what I mean? …

Q: Right.

A: That’s what keeps our friendship. You know, I am sorry, but that – you know, that – I was a celebrity child, not just in baseball by my own instincts. I became a celebrity child with a famous father. I just don’t get into other people’s business because of my father’s situation, you see…

That is the answer that, according to the jury, obstructed justice. This despite the fact that the government lawyers questioning him had every opportunity to follow up, to clarify and to tell Barry Bonds that he wasn’t answering their question. An opportunity that they didn’t take, presumably because at the time they didn’t think that the answer Bonds gave was particularly problematic.

So: Bonds saying that he was a “celebrity child” who didn’t get into anyone’s business obstructed justice and brought down a prosecution over seven years in the making.
You cool with that?

Marlins, Giants get into heated beanball war

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You may have heard that Giants closer Hunter Strickland broke his hand punching a door in frustration after Monday night’s subpar performance. He’ll miss six to eight weeks as a result. Strickland came in to protect a 4-2 lead but ended up giving up three runs. The tying run was knocked in by Lewis Brinson on a single to right field. Brinson moved to third base on a go-ahead single by Miguel Rojas, which prompted manager Bruce Bochy to take Strickland out of the game.

On his way to the dugout, Strickland started chirping at Brinson. Much like Bryce Harper and Strickland, Brinson and Strickland have a bit of a history. Last Thursday, Brinson handed Strickland a blown save with a sacrifice fly to deep center field. Brinson was happy to help his team tie the game, pumping his fast and saying, “Let’s go” at no one in particular. That rubbed Strickland the wrong way. Everything seems to rub Strickland the wrong way.

During Tuesday night’s game, Giants starter Dereck Rodriguez threw at Brinson with the first pitch, a 92 MPH fastball. Home plate umpire Andy Fletcher issued warnings to both benches. Manager Don Mattingly came out to argue, suggesting that his team hadn’t done anything wrong so it was unfair to essentially take the inside part of the plate away from his pitchers. On his way back to the dugout, Mattingly could be seen saying, “You’re next” to catcher Buster Posey.

The Giants scored twice in the bottom of the second against Dan Straily to extend their lead to 3-0. Posey came to the plate with a runner on first base and one out. Straily hit Posey with a 91 MPH fastball on the first pitch, prompting ejections of both Straily and Mattingly. Posey was hit on the arm. If the pitch had come in a bit lower and hit Posey on the wrist or hand, Posey might have had to go on the disabled list for a couple months. Or if the pitch had hit Posey a couple of inches higher, in the head, then who knows what would have happened.

Things calmed down from there, thankfully. The two clubs have one more game against each other in San Francisco on Wednesday and that will be the final time they meet this season. If anything further is going to happen — and hopefully, nothing happens — then it will come tomorrow.

Straily will almost certainly be facing a suspension and a fine, as will Mattingly. It’s less clear if Rodriguez and/or Bochy will be reprimanded for throwing at Brinson, even though it was fairly obvious the pitch was intentional. Regardless, the punishments amount to just one missed start for the pitchers, which isn’t nearly enough of a detriment to deter beanball wars.