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:

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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.

Kyle Schwarber walks off to beat Rhys Hoskins 21-20 in second round of Home Run Derby

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In another thrilling round of the 2018 Home Run Derby, Kyle Schwarber walked off to defeat Rhys Hoskins and advance to the finals in the 2018 Home Run Derby. Hoskins hit 20 — surpassing his first-round total of 17 — but Schwarber was able to do him one better in regulation time.

For most of the round, Schwarber was “only” on pace to hit 17 or 18, but he got on a roll after using his time-out. He mashed about five home runs in the span of 30 seconds. With just a couple of seconds left on the clock, Schwarber hit his 21st home run to send Rhys to the showers. Of course, Schwarber had unlocked 30 seconds of bonus time since he hit two home runs that went at least 440 feet, so it was a formality. But to do it in regulation in buzzer-beater fashion was more fun than opening bonus time with the send-off.

Still an impressive showing by Hoskins. He became the first player to hit 20 home runs in the semifinals of the Derby, per ESPN Stats & Info. His 37 total homers are the second-most by a Phillies player in the Derby. Bobby Abreu hit 41 home runs en route to winning in 2005.

In the finals, Schwarber will face the winner of the Max MuncyBryce Harper showdown.