Massachusetts Criminal Defense Attorney Blog

After four days of deliberations a Northern California jury rendered its verdict in the Barry Bonds perjury/obstruction of justice case. The three perjury charges stemmed from allegations that Bonds made false statements while under oath before a federal grand jury in 2003. The jury was unable to return verdicts on those counts and a mistrial was declared. On two of these three counts the jury was leaning heavily towards acquittal. However the jury did convict Bonds of obstruction of justice, a crime permitting incarceration for up to ten years. The factual basis for this conviction originated from Bonds' response to the question : "Did Greg [Anderson, Bonds personal trainer] ever give you anything that required a syringe to inject yourself with?" Bonds' response centered on his friendship with Anderson and his celebrity status. Prosecutors claim that he never answered the question. Understandably, defense attorneys are seeking to have the judge vacate this conviction.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x1890540711/Bonds-guilty-of-obstruction-of-justice

Massachusetts Federal Criminal Defense Attorney

18 U.S.C. §1503 lays out the law for a Federal Obstruction of Justice Charge. In essence, anyone who "endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished". This statute was designed to target any corrupt conduct endeavoring to obstruct or interfere with the administration of justice. The Barry Bonds jury was asked to determine if his evasive answer to one question satisfies the elements of the statute beyond a reasonable doubt. Legally the word "corrupt" implies an evil or wicked purpose. The prosecution must also prove a beyond a reasonable doubt the defendant's specific intent to impede the administration of justice. I can fully appreciate Bonds' lawyers' efforts to have this conviction vacated. While his arguably rambling response to the question before the grand jury was non-responsive an intent to impede the administration of justice seems to be a reach, notwithstanding the jury's verdict. This issue will be argued again on May 20th, this time to the trial judge alone. Perhaps the conviction will be vacated.

Continue reading "Barry Bonds Convicted Of Obstruction Of Justice" »

The New York Daily News reports that former Boston College Basketball player Sean Williams has been arrested and charged with violating a restraining order and trespassing.  Williams has had problems in this area in the past.  He was thrown off of the Boston College basketball team in his junior year for smoking marijuana and has been banned from entering the Boston College campus.  Prior to his expulsion Williams had been suspended for marijuana use. 

Read Article:  http://www.nydailynews.com/sports/basketball/nets/2009/02/16/2009-02-16_nets_sean_williams_arrested_at_bc_over_r.html

The article's reference to a restraining order violation is somewhat sketchy.  Restraining orders in Massachusetts are governed by Massachusetts General Laws Chapter 209A.  Restraining orders protect family or household members in Massachusetts.  Those individuals are defined as people who 1) are or were married to one another, 2) reside or had resided in the same household, 3) are or were related by blood, 4) have a child together or 5) are in or have been in a substantive dating relationship.  There is no indication that anyone fitting that definition was involved in this incident.

Trespassing in Massachusetts is prohibited by Massachusetts General Laws Chapter 266 Section 120.  The law states that anyone who without authority enters or remains in or on property another, or does so in violation of a restraining order is guilty of trespassing.  A conviction of this offense carries a potential 30 day jail sentence. 

This case will likely be prosecuted in the Brighton District Court. 

Continue reading "Former Boston College Basketball Player Sean Williams Charged With Restraining Order Violation" »