Barry Bonds loses his appeal, faces 30 days home confinement

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The 9th U.S. Circuit Court of Appeals upheld Barry Bonds’ criminal conviction for obstruction of justice today. While he could potentially appeal again to the Supreme Court such appeals are rarely if ever granted. This is probably it for him, and he’ll likely soon have to serve his 30 day home confinement sentence.

In denying the appeal, the court ruled that the statement Bonds gave to grand jurors in response to a question about whether he was ever given injections of any kind by Greg Anderson “served to divert the grand jury’s attention away from the relevant inquiry of the investigation, which was Anderson and BALCO’s distribution of steroids and PEDs. The statement was therefore evasive.”

As I’ve noted several times, however, the verdict on this question, and now this ruling from the appeals court, is bizarre. Bonds was asked a yes or no question. He went off on a tangent for a bit, but then the prosecutor led Bonds back to the subject at hand. Here was his answer:

source:

Did he evade? He tried to, sure. For a few seconds. And then he answered “no.” How this misled anyone or how this was any different than thousands of question/answer exchanges in grand jury testimony is beyond me.

It’s beyond the jurors too, as four of them said after the trial that they felt compelled to give this verdict despite the fact that Bonds answered the question and that they were deeply uncomfortable with that. So why did they do it? Because the prosecutor’s jury instruction adopted by the judge prohibited them from looking at the part of the testimony where Bonds answered the question. Which is just dumb. A man was convicted of evading a question that he did not, in fact, evade. And the jurors were prevented from considering the fact that he answered the question in determining his guilt. They were directed to only look at the small part of his testimony where he did, for a moment, go off-topic.

Bonds probably lied elsewhere in his testimony, but those lies weren’t the subject of the count on which he was convicted or this appeal. Indeed, he was acquitted of lying in those instances. It was only about this bit. And in this bit, Bonds answered the question asked. Now he’s got a criminal record for it.

You may like that if you don’t like Barry Bonds. Or if you think that, since he likely skated free on charges he was likely guilty of, it’s OK to get him on a charge he isn’t guilty of. But it’s not justice and it’s not right.

Alex Cobb exits game with blister issue

Alex Cobb
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Orioles right-hander Alex Cobb made the shortest start of his seven-year career after reopening a cut on his pitching hand during Sunday’s game against the Yankees. In the first inning, he worked a 2-2 count on four pitches to Andrew McCutchen, then made a prompt exit from the field after taking a closer look at his right index finger.

This isn’t the first time Cobb has dealt with blisters on his pitching hand; in fact, it marks the second consecutive outing in which he’s been prematurely pulled from the mound after reaggravating the injury. By Sunday’s start, the 30-year-old righty had already lost three weeks of the season to the same issue, though the Orioles appeared confident in his ability to make another appearance after watching him successfully complete two bullpens last week. He entered the game with a 5-15 record in 27 starts and a career-worst 4.90 ERA, 2.5 BB/9, and 6.0 SO/9 across 152 1/3 innings. At this point, it’s highly unlikely that he’ll get another opportunity to pitch in the majors before the end of the year.

Following Cobb’s departure in the first inning, reliever Mike Wright Jr. was tabbed to fill in for the righty. His performance yielded disappointing results as well: After kicking off the inning with three back-to-back walks, he allowed three runs on a Gleyber Torres sac fly and a pair of RBI singles from Miguel Andujar and Gary Sanchez. The Orioles currently trail the Yankees 3-1 in the fourth as they look to avoid a franchise-worst 111th loss.