Barry Bonds Seeks Dismissal of Felony Conviction

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Riordan said outside court that he advised Bonds to watch from afar rather than personally attending the 35-minute session San Francisco. A local television station was given permission to show the hearing live and streamed at least a couple of segments on the Internet.

“His presence would have been a distraction,” Riordan said.

Legal experts who have followed the case closely since his grand jury appearance in December 2003 are divided over Bonds’ chances before Daly Hawkins and Judges Mary Schroeder and Mary Murguia, each of whom was appointed by a different Democrat president and all of whom are based in Phoenix, home of San Francisco’s division rival Diamondbacks and about a 20-minute drive from the Giants’ Scottsdale spring training facility.

One set of analysts argue that appellate courts are reluctant to overturn jury verdicts absent an overwhelmingly obvious mistake. They say that U.S. District Judge Susan Illston, who ran the trial, is a respected jurist who has few of her cases overturned.

“There is a definite overriding respect of a jury’s verdict,” said Howard Wasserman, a Florida International University law professor. “Typically, it’s pretty hard to get a jury’s verdict reversed.”

On the other hand, there are those lawyers who argue that Bonds stands a good chance to clear his name.

“The government’s biggest hurdle is that testimony obstruction cases are usually based on blatant, undeniable lies to questions at the heart of an investigation,” said William Keane, a San Francisco criminal defense attorney. “Here the prosecution limps in with only a single rambling, unresponsive, unimportant answer that is literally true.”

Regardless of the outcome, University of New Hampshire law professor Michael McCann contends that the case was ultimately a loss of the U.S. Department of Justice. In a case that put a superstar athlete at the defendant’s table, the jury deadlocked on three charges of making false statements

“The main thrust of the government’s original case was that he lied when he denied taking steroids,” said McCann, who also edits the popular Sports Law Blog. “That’s not what he was convicted of. Obstruction was not the main charge.”

If Bonds’ conviction is upheld, he will have to serve 30 days house arrest.

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2 thoughts on “Barry Bonds Seeks Dismissal of Felony Conviction

  1. Pingback: Barry Bonds Seeks Dismissal Of Felony Conviction | Majic 102.1

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