Grady Sizemore sics his lawyers on a blogger

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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.

Andrew Miller for Lucas Giolito: WHO SAYS NO?!!

BALTIMORE, MD - JUNE 28:  Lucas Giolito #44 of the Washington Nationals pitches in the first inning during a baseball game against the New York Mets at Nationals Park on June 28, 2016 in Washington, DC.  (Photo by Mitchell Layton/Getty Images)
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The rumor mongers are churning up some good stuff about the Yankees and the Nationals maybe talking about an Andrew Miller for Lucas Giolito deal. It started with Jon Morosi saying that the Nationals were willing to trade Giolito, one of the top pitching prospects in all of baseball, to the Yankees for Miller straight up.

Taking two steps back, the idea of a Miller-for-Giolito deal seems like it’d be something the Yankees would jump at in a heartbeat. Giolito would, in the normal course, be worth more than a relief pitcher. Even a good one under team control like Miller is. So if the Nats were willing to do this, the Yankees would be fools not to accept, right?

Well, no. Jon Heyman and Joel Sherman are saying that the Yankees are looking for a massive return for Miller, more than what Cubs gave them for Aroldis Chapman. That deal netted New York prospect Gleyber Torres and three other players who have future value. Gioloto is worth more straight up than Torres, but the Yankees want another big package, not just one guy. Assuming those reports are true, are the Yankees being greedy?

Maybe not! Maybe it’s not about the Yankees’ eyes being wide. Maybe it’s about the nature of prospects and how all of our eyes get a bit wide over them, especially when national rankings are released each spring. We see Giolito or someone like him named the top prospect — or maybe a top-3 prospect — and immediately believe they are untouchable or, at the very least, close to invaluable.

But here, if the rumors are to be believed, the Nats are offering him for a relief pitcher. And the Yankees are saying “nah, we need more.” Maybe they both see something the prospect raters and coveters don’t. Maybe, in the abstract, they’re just as high on him as the raters and coveters are but maybe they don’t live in the abstract. Maybe they have the added benefit of (a) experience with the fortunes of young pitching prospects; and (b) a downside risk in loving them too much that the raters and coveters don’t have. No prospect rater risks being fired if the guy they rank #1 in any given year blows his shoulder out. Team employees have been.

I have no idea if there are legs to these rumors. I know that I like Giolito as a prospect, for whatever that’s worth, and the Yankees definitely have a need for young, projectable and controllable pitching talent. Likewise, given that they’re in a transitional period right now and given that they Have Dellin Betances, they could do without Andrew Miller if they needed to. He’s someone they could deal in order to get a guy in Gioloto who would instantly become their top prospect.

But it’s the deadline and people get a bit nuts. Teams ask for the stars, yes, but those of us on the outside tend to forget that a huge number of prospects, especially pitching prospects, never pan out. For all of the hype a deadline occasions and for as much as we see a beautiful future for each and every young hurler that comes down the pike, there are no clear answers about who is or who isn’t being unreasonable here. That is, if any of this stuff is true.

Enjoy the trade deadline, everyone. Just remember that no one knows anything and everyone, on some level, is making a bet.

Chicago woman pledges money to a domestic violence charity for each Aroldis Chapman save

CHICAGO, IL - JULY 28:  Aroldis Chapman #54 of the Chicago Cubs pitches in the 9th inning against the Chicago Cubs at Wrigley Field on July 28, 2016 in Chicago, Illinois. The Cubs defeated the White Sox 3-1.  (Photo by Jonathan Daniel/Getty Images)
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Though never charged with a crime, Aroldis Chapman was involved in a domestic violence incident that involved the intimidation of his girlfriend. He allegedly smashed a window of a car in his garage and then fired a gun, sending his girlfriend cowering into the bushes. He admitted to that much anyway, saying he used bad judgment, particularly with the gun, and apologized as he accepted his suspension from Major League Baseball.

But though he apologized, Chapman has declined to make any efforts to combat or to raise awareness of domestic violence. He is not required to do so, of course, but his peculiar dismissal of the topic in the press conference introducing him as a Chicago Cub the other day continues to make many uneasy with rooting for a team which employs him, even if he makes them better and even if his talent is undeniable.

One such person is Cubs fan Caitlin Swieca. She decided to do something about it, however, and has found a way to at least begin to make Chapman’s presence on her favorite team at least a little less uncomfortable:

Swieca selected the Domestic Violence Legal Council of Chicago, which provides free legal services to victims of domestic violence. Chapman got his first save last night and her first pledge was made. Many others have taken her example as her pledge has been publicized. If you’re interested in getting involved, she has provided some additional domestic violence charities in the Chicago area:

If a young woman who is, presumably, not making $11.325 million this year can make such an effort, I wonder if Aroldis Chapman might see clear to do so too.