Grady Sizemore sics his lawyers on a blogger

30 Comments

The Diamondhoggers blog put up a couple of those oh-so-sexy photos of Grady Sizemore yesterday.  Last night, Sizemore’s lawyers sent them a cease and desist letter, threatening suit if they don’t take them down.  I haven’t practiced law since last Friday, but I suppose I can brush off the rust and parse this bad boy:

“It has come to our attention that you are posting a number of photographs of Mr. Sizemore that are his property. The photographs, which were stolen from a personal computer . . .”

Oooh, clever lawyer.  Stolen from “a” personal computer. Not “Mr. Sizemore’s” personal computer. A small distinction, but one that had to be made because every single article on the topic has reported that the pics were stolen from the computer of one Brittany Binger — Grady Sizemore’s girlfriend — after Sizemore sent them to her.  Which means that the photos aren’t Mr. Sizemore’s property. Unless Grady gave them to Binger on a lease with an option to buy.  If a letter should be coming from anyone it should be coming from Binger’s lawyer. Maybe Sizemore has a copyright complaint as the photographer, but I don’t think that’s what is really animating this letter, do you?

“. . . the posting of pictures known to be stolen is an invasion of Mr. Sizemore’s property and may be actionable at law. Such posting, therefore, subjects the Website, you, your employees and principals, and all individuals/entities associated with this activity to serious potential liability.”

Oh noes!! Not Serious Potential Liability!! Is that like Double Secret Probation?

Look, the key word here is “may.” The law on this varies from state to state, but to sue someone for invasion of privacy, there has to be some sort of an intrusion on one’s private affairs or the revealing of one’s private information, with “private” being defined (roughly) as “stuff no one knows,” not “involving one’s privates.”

Setting aside the fact that these pics were all over the Internet before Diamondhoggers posted them, if I was defending the case I’d feel pretty comfortable arguing that Grady lost any claim to privacy the moment he hit “send” and transported the pics over any number of servers and to any number of potential recipients, intended or otherwise.

“We trust that you can appreciate the serious nature of this situation . . .”

Serious? sorry, I saw the pics and there’s nothing serious about them. They’re absolutely hilarious.

“We ask that you preserve any records associated with the submission of the photographs to you in anticipation of a criminal complaint to be filed with local law enforcement.”

Great moments in boilerplate threat-letter language. I’m not sure where the writers of Diamondhoggers live, but I’m guessing that it’s in a jurisdiction where law enforcement officials don’t give a diddly durn about Grady Sizemore’s girlfriends’ pictures being reposted on the Internet. What, you think McNulty, Bunk, Freamon and Pryzbylewski are sitting in the dingy offices of the Nudie Internet Pic Takedown detail just waiting to spring into action?  If anyone goes after anyone for this it will be feds going after the person who hacked the computer in the first place, and even then, this sort of thing isn’t high on anyone’s list.

“Should you fail to comply immediately with the terms of this letter, we will be forced to explore all available remedies against the Website and you.”

Sorry, your threat letter pretty much constitutes all the remedies there are.

Look, it’s obviously a crime to hack someone’s computer, and if Sizemore’s girlfriend’s computer was hacked, whoever did it should have their butt in a sling (and if they’re liable to anyone it’s his girlfriend, not Sizemore).  But these poor bloggers didn’t hack anything. They merely posted something that about umpteen hundred other websites posted yesterday, long after the initial crime — assuming there even was one — took place.

A cease and desist letter like this — coming from the legal arm of Sizemore’s agents, by the way — is an exercise in P.R. damage control, and a hamfisted one at that.  Sizemore showed some bad judgment in taking these pics of himself and sending them into cyberspace. Anyone who has been alive for the past decade or so knows that what happened with them — their ultimate release to the public — was inevitable.

Most people in Sizemore’s situation would probably take this as a learning experience, hope it all dies down quickly and move on. Sizemore decided to release the legal hounds to harass bloggers.  Which is a pretty weak move on Grady’s part in my mind.

Albert Pujols passes Mark McGwire with 584th career home run

CLEVELAND, OH - AUGUST 11: Albert Pujols #5 of the Los Angeles Angels of Anaheim runs out a double during the ninth inning against the Cleveland Indians at Progressive Field on August 11, 2016 in Cleveland, Ohio. The Indians defeated the Angels 14-3. (Photo by Jason Miller/Getty Images)
1 Comment

Angels DH Albert Pujols passed Mark McGwire for sole possession of 10th place on baseball’s all-time home run leaderboard, slugging his 584th career home run in the first inning of Wednesday night’s game against the Blue Jays.

Mike Trout had already slugged a solo home run off of Jays starter Marco Estrada to bring Pujols to the dish. Pujols jumped on an 0-1 cut fastball, sending it out to left-center field, clearing the fence by a few feet.

Pujols, who finished 4-for-4 with the homer and an RBI double, is batting .257/.321/.441 with 24 home runs and 99 RBI on the year. His next target on the home run leaderboard is Frank Robinson at 586.

Zach Britton allowed an earned run for the first time since April 30

BALTIMORE, MD - AUGUST 22:  Zach Britton #53 of the Baltimore Orioles pitches for his 38th save in the ninth inning during a baseball game against the the Washington Nationals at Oriole Park at Camden Yards on August 22, 2016 in Baltimore, Maryland.  The Oriole won 4-3.  (Photo by Mitchell Layton/Getty Images)
Mitchell Layton/Getty Images
Leave a comment

Orioles closer Zach Britton had appeared in a major league record 43 consecutive games without allowing an earned run, spanning May 5 to August 22. That streak came to an end on Wednesday evening against the Nationals.

The Orioles entered the bottom of the ninth inning holding a 10-3 lead, but reliever Parker Bridwell immediately found himself in hot water. He yielded back-to-back singles to Danny Espinosa and Clint Robinson. He was able to strike out Trea Turner, but walked Jayson Werth to load the bases. Daniel Murphy then crushed his first career grand slam to make it a 10-7 game. That prompted manager Buck Showalter to bring in Britton.

Britton, too, was knocked around. He served up a single to Bryce Harper, followed by a double to Anthony Rendon that scored Harper, pushing the score to 10-8 and ending Britton’s streak. Wilson Ramos reached on a fielder’s choice back to Britton, but the lefty finally finished the game by getting Ryan Zimmerman to ground into a game-ending 4-6-3 double play.

Britton now holds a nice 0.69 ERA with 38 saves and a 61/16 K/BB ratio in 52 innings of work this season.