Feds may seek appeal to reinstate conviction

Court overturned Bonds’ obstruction of justice charge

SAN FRANCISCO — The U. S. Justice Department is seriously considering asking the U. S. Supreme Court to restore home run king Barry Bonds’ obstruction of justice conviction, according to court papers filed Tuesday.

San Francisco U. S. Attorney Melinda Haag urged the 9th U. S. Circuit Court of Appeals to hold off on finalizing last week’s ruling overturning Bonds’ 2011 felony conviction to give prosecutors time to decide whether to appeal to the Supreme Court. The government has until July 22 to ask the high court to intervene, prosecutors said in court papers.

In a 10- 1 ruling, the 9th Circuit wiped out what was left of the long- running prosecution of the former San Francisco Giant, concluding there was insufficient evidence to back up the charge that his rambling testimony interfered with a federal grand jury probing the BALCO steroids scandal more than a decade ago.

Bonds was indicted on perjury and obstruction charges for allegedly lying to the grand jury in 2003 about using steroids as he chased baseball’s home run record . A jury more than three years ago deadlocked on the central perjury charges, but convicted Bonds on an obstruction charge for his rambling answer to a question about whether his former personal trainer, Greg Anderson, had ever supplied or injected him with steroids.

Government lawyers said in Tuesday’s filing that the 9th Circuit erred by reversing the jury verdict. Bonds’ lawyers do not oppose giving prosecutors time to appeal to the Supreme Court, a decision that must be approved by the U. S. solicitor general.