Grady Sizemore sics his lawyers on a blogger


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.

Jacob deGrom outduels Clayton Kershaw, Mets take 1-0 NLDS lead

Jacob de Grom
AP Photo/Kathy Willens
1 Comment

Jacob deGrom put together one of the best post-season starts in Mets history, outdueling three-time Cy Young Award winner Clayton Kershaw to pitch his team into a 1-0 NLDS lead. The right-hander fanned 13 over seven shutout innings, holding the Dodgers to five hits and a walk as the Mets won 3-1.

deGrom’s game score of 79 is the fifth-best by a Mets starter in the playoffs, behind Jon Matlack, Mike Hampton, Bobby Jones, and Tom Seaver, according to Baseball Reference. As Katie Sharp notes on Twitter, deGrom is one of three pitchers to hold the opposition scoreless on 13 or more strikeouts and one or fewer walks. The other two are Tim Lincecum and Mike Scott.

In the eighth inning, reliever Tyler Clippard allowed a one-out double to Howie Kendrick followed by an RBI single to Adrian Gonzalez as the Dodgers finally got on the board. Closer Jeurys Familia entered and recorded the final out of the eighth inning by inducing a weak line out from Justin Turner. In the ninth, Familia worked a 1-2-3 frame to wrap up the game.

Kershaw remains winless in the post-season since Game 1 of the 2013 NLDS, a span of seven starts. He gave up a solo home run to Daniel Murphy in the fourth inning, then walked the bases loaded in the seventh inning before departing with two outs. Reliever Pedro Baez entered and allowed two of his inherited runners to score when David Wright lined a single to center field. On the evening, Kershaw was on the hook for three runs on four hits and four walks with 11 strikeouts. Though he lost his command a bit towards the end of his start, the lefty pitched quite well and will be on the receiving end of some unnecessary criticism as a result of taking another post-season loss.

deGrom and Kershaw both struck out 11 batters, the first time that has happened in a major league post-season game.

Michael Cuddyer didn’t look too good out in left field for the Mets.

Game 2 of the NLDS will continue on Saturday at 9:00 PM EDT. Noah Syndergaard will start for the Mets opposite Zack Greinke of the Dodgers.

Clayton Kershaw, Jacob deGrom create MLB first with 11 strikeouts each in the playoffs

Jacob deGrom
AP Photo/Alex Brandon

For the first time in major league history, both pitchers in a playoff game have struck out at least 11 batters, per’s Paul Casella. Mets starter Jacob deGrom has pitched just a hair better than Dodgers starter Clayton Kershaw overall. deGrom has blanked the Dodgers over six frames on five hits and a walk. Kershaw made one mistake, resulting in a solo home run to Daniel Murphy in the fourth inning. He’s allowed four hits and four walks total in 6 2/3 innings.

The last time opposing starters each struck out 10 in a post-season game was back in 1944 in Game 5 of the World Series when Mort Cooper of the St. Louis Cardinals struck out 12 and Denny Galehouse of the St. Louis Browns struck out 10.

Michael Cuddyer not shining in left field early in NLDS Game 1

Michael Cuddyer
AP Photo/Kathy Kmonicek

Mets outfielder Michael Cuddyer has already made a pair of mistakes in left field and he’s only four innings into the first game of the best-of-five NLDS against the Dodgers.

Leading off the second inning, Justin Turner sent a well-struck liner to Cuddyer which was quite catchable, but the ball clanked off of the veteran’s glove. Turner was credited with a double. Mets starter Jacob deGrom was able to work around the misplay, striking out Andre Ethier, A.J. Ellis, and Clayton Kershaw to close out the frame.

With two outs in the third inning, Corey Seager sent a fly ball down the left field line. Cuddyer took an inefficient route and the ball bounced about a foot inside the foul line, then into the stands, giving Seager a ground-rule double. To add insult to injury, Cuddyer ended up tumbling over the fence. deGrom, again, worked around Cuddyer’s mistake, striking out Adrian Gonzalez to end the inning.

Because he bats right-handed, Cuddyer got the start in left field over the left-handed-hitting rookie Michael Conforto against Kershaw, a southpaw. Conforto mustered only a .481 OPS against lefties this season compared to Cuddyer’s .698. Despite the batting disparity, one wonders how short a leash manager Terry Collins has on Cuddyer given his defense.