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.

Phillies’ 6-run ninth tops Cardinals in 6-3 wild-card win

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ST. LOUIS — Philadelphia scored six times in the ninth inning off the stingy St. Louis bullpen, highlighted by a bases-loaded single by Jean Segura, and the Phillies beat the NL Central champion Cardinals 6-3 on Friday in the opening game of their National League wild-card series.

The Cardinals, who were 74-3 on the season when leading after eight innings, were poised to put away another close game after Juan Yepez connected for the first go-ahead pinch-hit homer in franchise history with two outs in the seventh inning.

But after struggling all afternoon against Jose Quintana and the St. Louis bullpen, the Phillies finally got their powerful offense going against Ryan Helsley. JT Realmuto began the ninth-inning rally with a single, and walks for Bryce Harper and Nick Castellanos loaded the bases before the All-Star closer plunked Alec Bohm to score a run.

The Cardinals training staff came out to check on Helsley, who had jammed the middle finger on his pitching hand earlier in the week in Pittsburgh. He tried to throw another warmup pitch but was pulled for Andre Pallante, who gave up Segura’s hit through the right side of the infield that put Philadelphia in front.

Edmundo Sosa added a run when he brazenly scored on Bryson Stott‘s grounder to first base, and Brandon Marsh drove in another run when a tough hop got past Cardinals shortstop Paul DeJong.

By the time Kyle Schwarber added a sacrifice fly, Phillies reliever Zach Eflin had plenty of wiggle room in the ninth.

It looked as if Eflin might need it, too, when Nolan Arenado and Dylan Carlson reached base and Nolan Gorman hit a two-out single to right. But Eflin responded by striking Yadier Molina to end the game, leaving Philadelphia a win away from facing NL East champion Atlanta in the divisional round.

There was a sentimental breeze sweeping through Busch Stadium before the game. Ozzie Smith cheerfully walked to the mound to deliver a ceremonial first pitch, and if the flag-waving Cardinals fans packed into every nook and cranny closed their eyes during introductions, they might have thought they were watching a game a generation ago.

After all, some familiar faces were in the lineup from the last time St. Louis and Philadelphia met in the playoffs.

That was 11 years ago to the day Friday, when the Cardinals beat the Phillies in a dramatic pitchers’ duel between Chris Carpenter and Roy Halladay in Game 5 of the NL divisional series. Molina and Albert Pujols played for St. Louis that night while erstwhile ace Adam Wainwright, pitching out of the bullpen this series, also was there to celebrate.

Just like that night in Philadelphia, pitching dominated most of Friday’s series opener.

Quintana, who arrived in a deadline trade from Pittsburgh, was masterful for the Cardinals, allowing only a single to Matt Vierling and a double to Bohm while pitching into the sixth. His day was done after fanning Schwarber for the second time on his 75th pitch, handing the game over to a relief corps that had been downright dominant this season.

Zack Wheeler was the equal of Quintana, allowing a leadoff single to Lars Nootbaar and nothing else until Tommy Edman‘s leadoff single in the sixth. Edman was left stranded on third when Paul Goldschmidt grounded out.

Wheeler departed after retiring Arenado to start the seventh. He struck out four and walked one on 96 pitches, his most since Aug. 20, shortly before the right-hander landed on the injured list with forearm tendinitis.

Then it came down to the bullpens, and the Phillies managed to overcome one of the best in the game.

UP NEXT

The Phillies will try for the wild-card sweep on Saturday night when they send right-hander Aaron Nola (11-13, 3.25 ERA) to the mound. He was stellar his last time out against Houston in clinching Philadelphia’s wild-card playoff spot.

The Cardinals will turn to right-hander Miles Mikolas (12-13, 3.29 ERA) to force a decisive Game 3. Mikolas struggled in a tune-up out of the bullpen in Pittsburgh but allowed one earned run over his last two starts.