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.

Joe Mauer reveals he’s had blurred vision since 2013 concussion

Joe Mauer
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After a decade as the best all-around catcher in baseball Joe Mauer suffered a concussion in August of 2013 that forced him to change positions and marked the end of his time as a great hitter.

Mauer was doing his usual thing at the time of the concussion, hitting .324 with a .404 on-base percentage and .880 OPS. Since returning from the brain injury he’s hit .270 with a .348 on-base percentage and .725 OPS while seeing his numbers decline across the board.

Mauer revealed today to Brian Murphy of the St. Paul Pioneer Press that “lingering symptoms occasionally blurred his vision at the plate the past two seasons” and “he will experiment hitting with sunglasses for the first time to improve his pitch tracking” this season.

Here’s more from Murphy:

Bright sunshine sometimes triggered blurred vision that Mauer links to the concussion with which he was diagnosed in August 2013 after absorbing at least “two significant blows” from foul tips while he was still catching.

“I don’t want that to be kind of an excuse. If I’m out there, I’m out there. That’s just the way I am,” Mauer said. “There are times I’ve gone up to the plate and I just couldn’t pick up the ball. That’s part of the frustration because I’m trying to do everything I can to get back. It just takes time.”

There are more quotes along those same lines and Mauer’s numbers in night games were much better than his numbers in day games last season.

I live in Minnesota and it has been incredibly frustrating to see such a large (or at least vocal) segment of the Twins fan base treat Mauer’s steep decline as if it has nothing to do with the significant brain trauma he suffered. I’m hopeful that Mauer going public about literally struggling to see the baseball while at the plate will convince people to treat him more humanely, but that’s probably wishful thinking at this point.

What a shame, on every level.

Masahiro Tanaka can’t say for sure if he’ll be ready by Opening Day

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Yankees starter Masahiro Tanaka said today that he “can’t say for sure” whether he’ll be ready for Opening Day.

Tanaka underwent arthroscopic surgery in late November to remove a bone spur from his right elbow. Tanaka threw off a bullpen mound Tuesday for the first time since undergoing a cleanup procedure on his right elbow last October and, while healthy, may be behind other pitchers.

Tanaka posted a 3.51 ERA and a 139/27 K/BB ratio across 154 innings last season. He also has a partially torn UCL he’s been pitching through for some time which is always something the Yankees have on their mind when it comes to schedules and workouts for their ace.

Denard Span, not Angel Pagan, will be Giants’ center fielder and leadoff hitter

Denard Span
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Making official what was assumed when the Giants signed Denard Span to a three-year, $31 million contract last month, manager Bruce Bochy announced that Span will start in center field and bat leadoff.

That means 34-year-old Angel Pagan, who’s been the Giants’ starting center fielder and primary leadoff hitter for the past four seasons, will slide to left field and bat further down in the lineup. About a month before the Span signing Bochy said Pagan would remain in the center fielder/leadoff role, but the situation obviously changed.

It’s a move that makes sense, because Span–if healthy following hip surgery–is a superior defensive center fielder with better on-base skills. And if Pagan doesn’t bounce back following a rough 2015 season then having him in left field will make it easier for the Giants to platoon him or bench him in favor of, say, Gregor Blanco or a bigger bat.

Pitchers to receive new visor-like protective headgear

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MLB/MLBPA
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For the past few years MLB, the MLBPA and cap and helmet manufacturers have been working on various models of protective headgear for pitchers. Some of the models have been unworkable, some of them have not met the satisfaction of pitchers and others have, well, looked a little odd. At present the only pitcher who routinely wears any headgear is Alex Torres, who wears the bulky isoBLOX helmet.

Now, however, there is a new option. And, as you can see above it’s a bit different than what we’ve seen before. It’s more or less like a visor, which will have a nylon top on them to give a full cap-like appearance. The ear flaps will be lefty and righty-specific, given that righties are more likely to be hit on the right and lefties on the left given their follow-throughs.

The new caps will be given out to players this spring and, like the old ones, will be used or not used at the choice of the players. You can read more about the new helmet at ESPN’s Outside the Lines report.