Sunday, May 06, 2012

"An invented legal theory"

That's what attorneys for Barry Bonds are calling the basis for the conviction. Essentially, they're arguing that the dingbat prosecutors were so eager to get Bonds that they came up with a theory that giving a "rambling" answer in grand jury testimony is illegal.  --  Here's part of the report by Howard Mintz of the San Jose Merc-News --



Although the jury did not convict Bonds on three perjury charges, the panel did find the former San Francisco Giants slugger impeded justice by providing a rambling, evasive answer to a question about whether his former personal trainer, Greg Anderson, had ever supplied or injected him with steroids.
Among other things, Bonds responded by recounting how he was a "celebrity child with a famous father," which jurors said after trial was designed to evade questions about using performance enhancing drugs....

Bonds was sentenced in December to two years probation and a month of electronic monitoring at his Beverly Hills home.
U.S. District Judge Susan Illston rejected Bonds' bid to set aside the conviction after trial, saying in her ruling that Bonds "repeatedly provided nonresponsive answers to questions about whether Anderson had ever provided him with injectables."
Bonds' lawyers, however, told the 9th Circuit the "celebrity child" answer was "utterly irrelevant" to the BALCO grand jury investigation.
. And they argue in their appeal that obstruction of justice charges are not designed to punish rambling testimony.
"That conduct -- making a truthful albeit rambling and irrelevant statement under oath -- occurs daily in courtrooms across the country," Bonds' attorneys wrote

1 Comments:

Blogger E said...

I read this earlier. It is appropriate. Dennis Riordan is one of the finest, if not the finest appellate attorney in the state. He is highly regarded as being not only a formidable opponent in court, but a high-minded man of jurisprudence.

It is yet one more arrow in the bulls-eye a handful of out-of-control bureaucrats painted on our Judicial system.

Forget Barry, these rogue bureaucrats are a disgrace and remind me more of the German brownshirts who were likewise outraged at the refusal to beg for mercy from those they sought to persecute

12:10 PM  

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