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.

Minor league home run king Mike Hessman retires

NEW YORK - JULY 29:  Mike Hessman #19 of the New York Mets bats against the St. Louis Cardinals on July 29, 2010 at Citi Field in the Flushing neighborhood of the Queens borough of New York City. The Mets defeated the Cardinals 4-0.  (Photo by Jim McIsaac/Getty Images)
Jim McIsaac/Getty Images
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Baseball America’s J.J. Cooper reports that corner infielder Mike Hessman has retired from professional baseball after 20 seasons. Hessman hit 433 home runs in the minor leagues, an all-time record. He broke Buzz Arlett’s record this past August and with style as #433 was a grand slam.

Hessman, 37, was selected in the 16th round of the 1996 draft by the Braves and remained with the organization through the 2004 season. He then went to the Tigers from 2005-09, the Mets in 2010, then drifted into the Astros and Reds’ farm systems before returning to the Tigers for the last two years.

Hessman took 250 plate appearances at the major league level, batting .188/.272/.422 with 14 home runs and 33 RBI.

Marlins announcer Tommy Hutton was let go because he was “too negative”

marlins logo wide

We heard earlier this week that Marlins television analyst Tommy Hutton was let go after 19 seasons on the job. By all accounts, he’s well-liked and respected, so it smelled a little fishy with a team that has owner Jeffrey Loria calling the shots. Well, Barry Jackson of the Miami Herald was told by a source close to the Marlins that Hutton was let go because he was “too negative.”

Jackson was also able to get in touch with Hutton, who provided some details about how things went down.

“I know there were times I was negative, but I thought those times were called for,” he said. “Ninety percent of what I said was positive. I tried not to be a homer, but you could tell I wanted the Marlins to do well.”

After being told that his salary wasn’t a factor in the decision, Hutton suspected that his candid, blunt analysis might be the impetus for his ouster.

So after learning his fate on Monday, he asked that question – whether they thought he was too negative — to both a Fox producer (at a meeting at Starbucks) and the Marlins’ vice president/communications (by phone).

He said the question was met with silence by both executives.

“I couldn’t get a yes or a no,” he said.

Hutton said there were three incident in recent years where he was told the Marlins were uncomfortable with something he said. He disclosed one example where he was exasperated at the ballpark’s dimensions after former catcher John Buck flew out to the warning track for the final out of a game. He was told by a Marlins vice president after the game that Loria prefer he not talk about the ballpark’s dimensions. Of course, the team is moving in the fences this winter.

To be clear, Hutton said he was told it was a “mutual decision” between the Marlins and FOX to let him go, but Jackson’s source hears that the concern about his “negativity” came from the team.

Hey, do you know the best way to prevent “negative” talk about your team? Fielding a winning baseball team without a dysfunctional ownership and front office. Crazy idea, I know, but it could be cool?

Report: Indians have been in touch with Shane Victorino

LOS ANGELES, CA - AUGUST 01:  Shane Victorino #18 of the Los Angeles Angels makes a catch for an out against the Los Angeles Dodgers at Dodger Stadium on August 1, 2015 in Los Angeles, California.  (Photo by Harry How/Getty Images)
Photo by Harry How/Getty Images

Outfield is a glaring need for the Indians, but they aren’t expected to shop for any of the big names on the free agent market. Instead, they are looking at potential bargains on short-term deals. Paul Hoynes of the Cleveland Plain Dealer writes that Shane Victorino falls under this classification and that the veteran outfielder is among many names the Indians have contacted.

Victorino, who turns 35 on Monday, has been limited to just 101 games over the past two seasons due to injury. Coming off back surgery, he batted just .230/.308/.292 with one home run and seven RBI over 204 plate appearances this past season between the Red Sox and Angels while battling calf and hamstring injuries. It’s hard to see the upside at this point, but the Indians could promise him regular at-bats, especially with Michael Brantley likely to miss the start of the 2016 season following shoulder surgery.

The Indians have also reportedly discussed trading either Danny Salazar or Carlos Carrasco for a bat, which represents their best chance of adding a big name to their outfield this winter.

Korean slugger Byung-ho Park is reportedly traveling to Minnesota

Byung-ho Park

Could the Twins and Korean slugger Byung-ho Park be close to finalizing a contract?

According to Naver Sports (via a translated report from Mike Berardino of the St. Paul Pioneer Press), Park is scheduled to travel to the United States on Sunday. The 29-year-old is expected to make a quick stop in Chicago to meet with his agent, Alan Nero, before coming to Minnesota to see Twins officials and take a physical exam. If all goes well, a contract could be finalized as soon as next week.

The Twins bid $12.85 million last month to secure exclusive negotiating rights with Park. The deadline to complete a deal is December 8. If a deal is not worked out, Park would remain with the Nexen Heroes in the KBO (Korea Baseball Organization) and the Twins would not have to pay the posting fee.

Right now, it’s unclear how far along the two sides are in negotiations. However, Berardino hears that a guarantee in the range of $20-30 million is reasonable to expect.

Park, a two-time MVP in the KBO, has amassed 105 home runs in 268 games over the past two seasons. It’s hard to tell how those numbers will translate, even after the success of Jung Ho Kang this season, but the Twins are hoping he can be a middle-of-the-order force.