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.

ALDS, Game 2: Astros vs. Royals lineups

Johnny Cueto Royals
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Here are the Astros and Royals lineups for Game 2 of the ALDS in Kansas City:

2B Jose Altuve
RF George Springer
SS Carlos Correa
LF Colby Rasmus
DH Evan Gattis
3B Luis Valbuena
1B Chris Carter
C Jason Castro
CF Jake Marisnick

SP Scott Kazmir

Carlos Gomez remains out of the lineup with an intercostal injury, so Marisnick makes another start in center field after going 2-for-4 with standout defense in Game 1.

SS Alcides Escobar
2B Ben Zobrist
CF Lorenzo Cain
1B Eric Hosmer
DH Kendrys Morales
3B Mike Moustakas
C Salvador Perez
LF Alex Gordon
RF Alex Rios

SP Johnny Cueto

Royals manager Ned Yost sticks with the same lineup as Game 1, which isn’t surprising given that he trotted out the same lineup for basically the entire postseason run last year. Cueto gets the ball after Yost chose Yordano Ventura for Game 1 duties.

Report: Mariners fire manager Lloyd McClendon

Lloyd McClendon

Most new general managers like to bring in their own manager and Jerry Dipoto is no different. Ryan Divish of the Seattle Times reports that Dipoto has decided to fire manager Lloyd McClendon, who was brought in by Seattle’s old front office regime two offseasons ago and has a 163-161 record.

McClendon is under contract for 2016 and met with Dipoto this week, saying all the right things afterward about wanting to remain on the job and work together. Ultimately, though, McClendon has never drawn particularly positive reviews as a manager and Dipoto no doubt has some specific favorites in mind to replace him. Divish names Tim Bogar, currently a special assistant with the Angels after being brought into that role by Dipoto, as a “favorite” for the job.

Divish notes that Dipoto may have been even more inclined than most new GMs to bring in his own guy to manage because reportedly losing a power struggle against Mike Scioscia led to his departure from the Angels earlier this season. In seven total seasons as a big-league manager McClendon has a .451 winning percentage and zero playoff appearances.

ALDS, Game 2: Rangers vs. Blue Jays lineups


Here are the Rangers and Blue Jays lineups for Game 2 of the ALDS in Toronto:

CF Delino DeShields
RF Shin-Soo Choo
DH Prince Fielder
1B Mitch Moreland
SS Elvis Andrus
LF Josh Hamilton
2B Rougned Odor
C Chris Gimenez
3B Hanser Alberto

SP Cole Hamels

Adrian Beltre is out of the starting lineup after leaving Game 1 with what appeared to be a significant back injury, leaving Hanser Alberto to fill in at third base. With a right-hander on the mound Mike Napoli goes to the bench and Mitch Moreland starts at first base, and manager Jeff Banister also switched up the batting order a bit without Beltre in the No. 3 spot. Robinson Chirinos homered in Game 1, but he takes a seat in Game 2 so that Chris Gimenez can catch Cole Hamels.

LF Ben Revere
3B Josh Donaldson
RF Jose Bautista
DH Edwin Encarnacion
SS Troy Tulowitzki
1B Chris Colabello
C Russell Martin
2B Ryan Goins
CF Kevin Pillar

SP Marcus Stroman

Josh Donaldson and Jose Bautista are both in the starting lineup after leaving Game 1 with injuries, which is particularly good news in Donaldson’s case because he suffered a potentially serious head injury sliding into second base. Toronto’s only change from Game 1 is subbing Chris Colabello for Justin Smoak at first base with a left-hander on the mound. There’s right-handed power all over the place, so Hamels’ changeup may be the key to the entire game.