Barry Bonds’ lawyers argue his obstruction of justice conviction today

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Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:

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As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

Mike Trout voted 2019 American League Most Valuable Player

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The Baseball Writers Association of America voted Angels outfielder Mike Trout the Most Valuable Player in the American League for the 2019 season. He received 17 of 30 first-place votes, earning the third AL MVP Award of his career.

Trout, 28, missed the final three weeks of the season due to a foot injury, but his numbers were still strong enough to overcome the competition. He led the majors with a .438 on-base percentage and a 185 adjusted OPS, and led the AL with a .645 slugging percentage and 1.083 OPS. He also slugged 45 home runs, knocked in 104 runs, scored 110 runs, and stole 11 bases in 600 plate appearances. FanGraphs also gave him an edge over the competition in WAR at 8.6.

Trout, who also won the award in 2014 and ’16, is the third Angel to snag the hardware, joining Don Baylor (1979) and Vladimir Guerrero Sr. (2004). He is the 11th player to win three MVP awards, joining Jimmie Foxx, Joe DiMaggio, Yogi Berra, Mickey Mantle, Álex Rodríguez, Stan Musial, Roy Campanella, Mike Schmidt, Albert Pujols, and Barry Bonds. Bonds is the only player to have won the award more than three times, winning a whopping seven MVP awards.

Alex Bregman finished in a close second place followed by Marcus  Semien, DJ LeMahieu, and Xander Bogaerts. Also receiving votes were Matt Chapman, George Springer, Mookie Betts, Nelson Cruz, Gerrit Cole, Justin Verlander, Rafael Devers, Jorge Polanco, Austin Meadows, Francisco Lindor, Carlos Santana, Gleyber Torres, Eddie Rosario, José Abreu, Max Kepler, J.D. Martinez, Yoán Moncada, Charlie Morton, Matt Olson, and Jorge Soler.