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:

source:

 

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.

Giants hire Gabe Kapler as new manager

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The Giants announced on Tuesday the hiring of Gabe Kapler as manager. Kapler, filling the extremely large shoes of future Hall of Famer Bruce Bochy, inked a three-year deal, Alex Pavlovic of NBC Sports Bay Area reports. Kapler was one of three finalists for the job, beating out Astros bench coach Joe Espada and Rays bench coach Matt Quataro.

Following his 12-year playing career, Kapler was a coach for Israel’s team in the 2013 World Baseball Classic qualifier. He then became an analyst for FS1 before joining the Dodgers’ front office as the director of player development in November 2014. He was involved in three scandals there: one in which he tried to handle a sexual assault incident involving two Dodgers minor league players without telling police, one in which he allegedly discriminated against Nick Francona, a veteran and former baseball operations employee, and an incident that implicated most of the Dodgers’ front office concerning the recruiting of international free agents. The Dodgers reportedly kept a spreadsheet of employees and their level of criminality.

Despite Kapler’s background, the Phillies hired him as their manager ahead of the 2018 season. He would lead the Phillies to an 80-82 record that year and then helped them improve by one game in 2019, finishing at exactly .500 before being fired. Kapler’s tenure in Philly was tumultuous, often drawing ire from the local media and subsequently the fan base for not being tough enough on his players. The Phillies also reportedly had a clubhouse issue in 2018 in which players were playing video games in the clubhouse during games, prompting Carlos Santana to smash a TV with a bat.

Kapler has a history with Farhan Zaidi, the Giants’ president of baseball operations. They worked together in the Dodgers’ front office as Zaidi served as GM from November 2014-18.