SAN FRANCISCO (AP) – Barry Bonds may yet overturn his obstruction of justice conviction.
Several members of an 11-judge panel of the 9th U.S. Circuit Court of Appeals expressed skepticism Thursday over the sole count that baseball’s career home run leader was found guilty of following a trial three years ago.
Circuit Judge William A. Fletcher called the prosecution’s definition of obstruction “alarming” because Bonds ultimately answered questions before a grand jury about whether he was given drugs to inject himself with, an assertion he denied. Fletcher compared it with lawyers who evaded questions in civil litigation with the intent to mislead, and asked Assistant U.S. Attorney Merry Jean Chan whether that would be criminal behavior. Chan said she believed it would.
“So how many San Francisco lawyers do you intend to put in jail?” Fletcher said. “That is common behavior in civil litigation. Have you just criminalized half the bar here? … I find your reading of the statute absolutely alarming, and half the bar, maybe three-quarters, maybe all of the bar is in big trouble.”
A decision is not expected until next year.