(Politico) – A federal appeals court is giving former San Francisco Giants slugger Barry Bonds another chance to reverse his conviction for obstructing a federal investigation into steroid use in Major League Baseball.
The U.S. Court of Appeals for the 9th Circuit announced Tuesday that its judges voted to conduct an en banc rehearing of Bonds’ appeal of his 2011 felony obstruction of justice conviction. An 11-judge panel will consider the legal validity of Bonds’ case at a hearing to take place the week of Sept. 15, the court said.
Bonds has argued that while he did not provide clear or direct answers during a 2003 appearance before a federal grand jury, his responses were factually true and therefore cannot be the basis for an obstruction of justice charge. While he was convicted on the obstruction charge, the jury was hung on three perjury counts.
A three-judge panel of the 9th Circuit turned down Bonds’ appeal last September. That panel said misleading or evasive responses that are true can still justify an obstruction charge.