Barry Bonds’ obstruction of justice conviction reversed by the 9th Circuit Court of Appeals

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source: AP

It’s almost as if it was a weak case from the start. A prosecution that should not have been brought, a conviction that should not have been reached and in no way should have stood. If only someone had said something about all of that. Hmm:

The court’s decision can be read here if you’d like, but the logic the court followed was pretty easy. We’ve been over this here at HBT many, many times. There simply was no evidence to support an obstruction of justice conviction.

At specific issue is whether it’s OK for prosecutors to get an obstruction of justice conviction based on statements that were not held to be perjury. Which is what happened in this case. You may recall that Bonds, under oath gave a long, rambling answer about whether he had ever been injected with drugs, famously going on about how he was “a celebrity child” before finally answering in the negative. The prosecution basically double-charged Bonds for that statement, first with perjury and then with obstruction. The jury decided that was not perjury and acquitted him on that count. They did, however, hold that it was obstruction. The 9th Circuit has apparently decided that that’s not kosher.

As we noted at length at the time of the conviction, the idea that Bonds’ answer, however rambling it was, constituted obstruction of justice, is a joke. Bonds may have riffed for a few moments, but soon after he directly answered a yes-or-no question with a “no.” A “no” that the jury decided was not a lie.

There aren’t many criminal cases in the history of Anglo-American jurisprudence in which a testifying target of a grand jury investigation did not, at least for a moment, try to fudge his way out answering a question. One of the first things you’re taught in law school is that it’s your job as the lawyer to rein the witness in and get him to answer. The prosecutor eventually did that here. And then the prosecutor decided to literally make a federal case out of the fact that a witness rambled for a minute, calling it obstruction of justice. The jury, it’s worth noting, thought it was a joke too, but they felt their hands were tied.

And now, it appears, the 9th Circuit Court of Appeals has agreed.

So, call Bonds a liar, if you must. Call him a cheater. Call him the Home Run King. All of those are more or less accurate. But you can’t call him a convicted felon anymore.

UPDATE: Barry Bonds has released a statement in the wake of his conviction being overturned:

Today’s news is something that I have long hoped for. I am humbled and truly thankful for the outcome as well as the opportunity our judicial system affords to all individuals to seek justice. I would like to thank my family, friends, and all of you who have supported me throughout my career and especially over the past several years. Your support has given me strength throughout this process and for that, I am beyond grateful. This has been a long and strenuous period in my life; I very much look forward to moving beyond it. I do so without ill will toward anyone. I am excited about what the future holds for me as I embark on the next chapter. Lastly and certainly not least, I would like to thank my legal team for their hard work and diligence on my behalf.

 

Dodgers clinch NL’s top seed, West title with win over A’s

Gary A. Vasquez-USA TODAY Sports
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Wrapping up an NL West title has become routine for the Los Angeles Dodgers, but in a year in which no one was sure three months ago if there would be a baseball season, manager Dave Roberts wanted his team to still savor the moment.

The Dodgers clinched the NL’s top postseason seed and eighth straight division title Tuesday night with a 7-2 victory over the Oakland Athletics. They are third team to win at least eight straight division titles, joining the Atlanta Braves (14 straight from 1991-2005) and New York Yankees (nine straight from 1998-2006).

“To fast forward a couple months and be crowned NL West champs is a credit to everyone. It should never be taken for granted,” Roberts said. “Truth be told a lot of guys didn’t know we could clinch. We were responsible but I let it know that it has to be appreciated.”

The Dodgers, who own the best record in the majors at 39-16, were the first team in the majors to clinch a playoff berth on Sept. 16. They will open postseason play on Sept. 30 by hosting every game in a best-of-three series against the No. 8 seed.

Los Angeles came into the day with a magic number of two and got help with the Angels’ 4-2 victory over the San Diego Padres.

Instead of a wild celebration on the mound after Jake McGee struck out Sean Murphy for the final out, players briskly walked out of the dugout to celebrate with teammates. Everyone grabbed a division clinching shirt and cap before heading to the mound for a group photo.

The clubhouse celebration was also muted. Champagne was still involved, but it was players toasting each other with a glass instead of being showered in it.

“We talked about it instead of dumping stuff on people. It’s a moment you need to celebrate and we did,” said Corey Seager, who had three hits and one of Los Angeles’ four home runs, “It stinks not being able to do champagne and beer showers because some of the younger guys haven’t been able to experience that.”

Max Muncy, Chris Taylor and AJ Pollock also went deep for Los Angeles, which leads the majors with 104 home runs.

“This whole year has been weird. There’s no other way to describe it,” Muncy said. “It’s sad not to be celebrate as usual but we know there is a lot more at stake.”

Dustin May (2-1) went five innings and allowed two runs on three hits. The 22-year-old red-headed righty set a team record by not allowing more than three earned runs in his first 13 career starts, which include 10 this season.

Robbie Grossman homered for Oakland, which clinched its first AL West crown in seven years on Monday during a day off. The Athletics, in the postseason for the third straight year, currently are the AL’s No. 3 seed.

Mark Canha had two of Oakland’s five hits.

Seager tied it at 1 in the first with an RBI single and then led off the fifth with a drive to center off T.J. McFarland to extend LA’s lead to 6-2.

Muncy gave the Dodgers a 3-2 lead in the third inning with a two-run homer. Taylor and Pollock extended it with solo shots in the fourth off Oakland starter Frankie Montas (3-5).

Grossman quickly gave Oakland a 1-0 lead when he homered off the left-field pole in the first inning. Sean Murphy briefly gave the Athletics a 2-1 advantage when he led off the third with a walk and scored on a wild pitch by May with two outs.

Montas, who allowed only four home runs in his first seven starts, has given up six in his past three. The right-hander went four innings and yielded five runs on seven hits with a walk and three strikeouts.

“They’re a pretty good team that when you make mistakes, they make you pay,” Oakland manager Bob Melvin said. “They’re pretty good laying off and making you throw it over the plate. They made Montas pay, unfortunately.”

Cody Bellinger added two hits for the Dodgers, including an RBI single with the bases loaded in the seventh.

ATHLETICS ADVANCE

The A’s have a team text thread they used to celebrate clinching their first AL West title since 2013 during their off day Monday, when the Mariners beat Houston.

“We didn’t really celebrate too much yet. It’s exciting,” Chad Pinder said. “We wanted to do it on our own terms. We still won the division and that was our goal. It’s nice to know we’ll be playing home for the series.”

TRAINER’S ROOM

Athletics: INF/OF Pinder (strained right hamstring) planned to run at Dodger Stadium and test his leg with hopes of still playing before the conclusion of the regular season. …. RHP Daniel Mengden has cleared waivers and been outrighted to Triple-A Las Vegas. He was designated for assignment after being medically cleared and reinstated from the COVID-19 injured list following a positive test from Aug. 28.

Dodgers: 3B Justin Turner was scratched from the lineup less than an hour before first pitch due to left hamstring discomfort He came off the injured list on Sept. 15 and has not played in the field since Aug. 28. … Joc Pederson was in the lineup at DH after missing five games while on the family emergency medical list. Roberts said before the game that he wasn’t sure if Pederson will remain with the team during the entire postseason.

UP NEXT

Athletics: LHP Sean Manaea (4-3, 4.50) is 4-1 with a 2.25 ERA over his last five starts dating to Aug. 20.

Dodgers: LHP Julio Urias (3-0, 3.49) will make his team-leading 11th start.

AP Baseball Writer Janie McCauley in San Francisco contributed to this story.

More AP MLB: https://apnews.com/MLB and https://twitter.com/AP-Sports