Barry Bonds files a motion to have his conviction set aside

3 Comments

We knew this was coming, and the legal beagles out there will enjoy reading it, so here it is.  Barry Bonds moves to have his conviction set aside on four grounds.

The first: that truthful statements can’t constitute obstruction of justice, referring to that “I was the child of a celebrity” digression which formed the basis of his conviction. That statement was truthful, Bonds argues, and the law that the prosecution cites to say that such truthful statements can form the basis of obstruction is inapplicable to this case.

The second basis is the one that appeals to me the most and which I discussed most thoroughly following the conviction: the argument that the government can’t say Bonds was evasive because he repeatedly answered the question asked anyway. Basically, the government block quoted one instance of Bonds not answering directly and then ignored all of the times he did answer directly.  The jury ignored these other instances too, it seems.  In this second section Bonds argues that the prosecutor has an obligation — as the Supreme Court has stated — to clear up unresponsive answers as well, which is something else I’ve argued repeatedly that the Bonds prosecutors did not do at all. And which, it should be noted, is something that could be just as damaging to the criminal justice system as perjury could be.

The third basis is a general “the weight of the evidence did not support a conviction” argument, which is kind of hard to pull off, but Bonds has to try it anyway.

Finally, Bonds argues that his immunity deal prevented his prosecution.

Since no one is paying me $400 an hour to review the case law and totally slam into the legal arguments here, I won’t, but I will say that as far as these things go, it seems like a pretty strong motion. Mostly because it was a pretty weak conviction.

That said, success on postrial motions such as these is not common and the burden a defendant who has been convicted by a jury is high, so there’s no guarantee of success here.  An appeal may have a better shot.

Nationals place Jeremy Hellickson on disabled list with a sprained wrist

Jeremy Hellickson
Getty Images
Leave a comment

Nationals right-hander Jeremy Hellickson has been assigned to the 10-day disabled list after spraining his right wrist during a 4-2 loss to the Cardinals on Wednesday. The assignment is retroactive to August 15, though it’s not yet certain that Hellickson will be able to resume his role in the rotation after the minimum 10 days.

The 31-year-old righty was through 4 1/3 innings during Wednesday’s start when he threw a wild pitch behind the Cardinals’ Yadier Molina in the bottom of the fifth. He sprinted to cover home plate just as Harrison Bader took off from third base, and the two collided at the plate as Spencer Kieboom‘s throw home sailed over Hellickson’s head. He tumbled to the ground and rolled over his right wrist, then was forced to make a prompt exit from the field after feeling considerable soreness in his right hand.

While the X-rays returned negative, it makes sense for the Nationals to shelve Hellickson for the time being. In a best case scenario, he should miss only one turn through the rotation, provided that he’s able to work back up to full strength in the next week or so. The veteran righty is 5-3 in 18 starts this year with a 3.57 ERA, 1.9 BB/9 and 6.5 SO/9 across 88 1/3 innings. This will be his second official stint on the DL after missing nearly a month due to a right hamstring strain back in June.

In a corresponding move, fellow right-hander Jefry Rodriguez was recalled from Triple-A Syracuse and will fill in for Hellickson during Saturday’s set against the Marlins. Rodriguez, 25, has yet to get comfortable on the major league stage: entering Saturday, the rookie owns a 5.84 ERA, 4.7 BB/9 and 7.3 SO/9 through 24 2/3 innings.