panel of the 9th U.S. Circuit Court of Appeals

SAN FRANCISCO -- 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 baseballs career home run leader was found guilty of following a trial three years ago. Circuit Judge William A. Fletcher called the prosecutions 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 behaviour. Chan said she believed it would. "So how many San Francisco lawyers do you intend to put in jail?" Fletcher said. "That is common behaviour 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. During an hour-long hearing, Circuit Judge Susan P. Graber had similar skepticism for prosecutors arguments that Bonds intended to mislead the grand jury, saying she doesnt see "there is sufficient evidence" because Bonds was asked and answered similar questions about drug use later during his 2003 testimony. After a three-week trial in 2011, the jury failed to reach a verdict on three counts charging Bonds with making false statements when he denied receiving steroids and human growth hormone from trainer Greg Anderson and denied receiving injections from Anderson or his associates. Prosecutors later dismissed those three charges. Bonds was convicted for giving a rambling answer to a question about whether he received injectable substances. Bonds appellate lawyer, Dennis Riordan, argued that Bonds "unresponsive" answer did not constitute obstruction. He was immediately met with questions on his logic. "One can mislead with the truth," Chief Judge Alex Kozinski said. "One can mislead with irrelevant statements to lead a grand jury down a blind alley." Chan argued that Bonds had a "corrupt intent" to mislead the grand jury with the rambling answer. A three-judge panel of the 9th Circuit upheld Bonds obstruction conviction in a unanimous vote last year, but a majority of the courts 28 participating judges voted to set aside that decision and have the larger group rehear the appeal. Prosecutors asked Bonds during the grand jury appearance whether Anderson ever gave him "anything that required a syringe to inject yourself with?" Bonds referred to his father, former major leaguer Bobby Bonds, when he responded, "I was a celebrity child, not just in baseball by my own instincts. I became a celebrity child with a famous father. I just dont get into other peoples business because of my fathers situation, you see." Bonds answered "no" to similar questions later in his grand jury appearance, which Riordan argued was sufficient to cure any non-responsive answers. Some of the judges questioned whether Bonds had sufficient notice of what he was being charged with, since the third superseding indictment contained a broad obstruction charge and the specific statement was not included until the prosecution proposed jury instructions about a month ahead of the trial. The three-judge 9th Circuit panel ruled unanimously in September 2013 that Bonds testimony was "evasive" and capable of misleading investigators and hindering their probe into a performance-enhancing drug ring centred at the Bay Area Laboratory Co-Operative. "The statement served to divert the grand jurys attention away from the relevant inquiry of the investigation, which was Anderson and BALCOs distribution of steroids and PEDs," Senior Circuit Judge Mary M. Schroeder wrote. "The statement was therefore evasive." Barry Bonds has already served his sentence of 30 days of home confinement and paid a $4,000 fine. He was also placed on two years of probation and ordered to perform 250 hours of community service in youth-related activities. Logan Forsythe Rangers Jersey . - While he appreciates suggestions from Packers fans of remedies for his sore left calf, Aaron Rodgers is not necessarily going to listen to the advice. Nomar Mazara Rangers Jersey . First, Ivan Nova decided to have season-ending Tommy John elbow surgery. Then Michael Pineda was suspended for 10 games for using pine tar. http://www.texasrangersshop.com/ . His big 2-minute outburst in the fourth quarter Tuesday night is all that really mattered for the Dallas Mavericks. 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"It feels good to be back in the NHL." Taking to the ice with his new teammates wearing the number 80 on Monday, Bryzgalov stood in front of a scrum for a few minutes to meet the Edmonton media. The Oilers signed Bryzgalov to a one-year $2 million contract Nov. 8 after shedding payroll by dealing defenceman Ladislav Smid to the Flames. Edmonton finalized their plans to put Bryzgalov into their crease rotation by placing back-up goalie Jason LaBarbera on waivers on Monday. However, the Oilers are still sticking with plans to start Devan Dubnyk in net against the Columbus Blue Jackets on Tuesday. Oilers head coach Dallas Eakins would not commit to a timeline for Bryzgalov to take to the crease. "Im comfortable when hes comfortable," Eakins said. "A lot will have to do if [Dubnyk] can keep rolling like he is. Dubs is going lights out, Dubs gets the net." Bryzgalov bristled when asked if he plans to make the most of a second chance in the NHL after being bought-out by the Philadelphia Flyers. "I never lost a first chance," Bryzgalov told reporters, reminding them that hes only missed just over a months worth of the 2013-14 NHL season. With seven years remaining on a $51 million, nine-year contract he signed in 2011, the Flyers were forced to pay him two-thirds of the balance owed on his remaining term, $23 miillion.dddddddddddd Bryzgalov quipped that he was able to make the most of his downtime while not attending an NHL training camp and even found some upside in the Flyers buyout. "Its out of my control if they decide to buy me out," he told reporters. "I just have to accept it and move on. I had a great time. I dont have much opportunity to spend time with my family. Had such a great, quality time. Usually its a two-month break, now I pretty much had five months I spent with my kids." Bryzgalov was loaned to the American Hockey Leagues Oklahoma City Barons on Nov. 9 for conditioning ahead of joining the Oilers. When asked about his short tenure with the Barons, Bryzgalov admitted to playing some catch-up. "The first game I felt a little bit clumsy," Bryzgalov said in reference to the five goals he surrendered in his Oklahoma City debut. He added he was "was not comfortable with lots of players skating back and forth in front". But he would also state that trying to improve should be part of any NHL career, saying "youve got to continue to prove yourself." Bryzgalov stopped 25 shots on Saturday in the Oklahoma City Barons 4-1 victory over the Abbotsford Heat. In two games with the Barons since signing with Edmonton, Bryzgalov surrendered six goals on 50 shots for a 3.03 goals-against average and a .880 save percentage. He did conclude the scrum on a positive note, however, stating: "Im glad we reached an agreement and Im happy to be here." In 425 career NHL games with the Flyers, Anaheim Ducks and Phoenix Coyotes, Bryzgalov has posted a 208-149-45 career record with a .913 save percentage and a 2.55 goals-against average. He was named to the NHLs Second All-Star Team in 2009-10 and won the Stanley Cup in 2006-07 as a member of the Ducks. ' ' '