The McCourt trial: my gut is that Jamie is going to win, even if she shouldn't

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The McCourt trial ended yesterday, with closing statements offered by the attorneys. Lots of different attorneys, according to the L.A. Times summary. Each side had, like, three people making arguments. What was this, a tag team match?  I understand multiple lawyers taking stabs at different parts of closing if it’s a complicated case, but this is a bench trial in which, basically, a single fact was at issue.  And people wonder how the McCourts could have run up $8 million in attorneys fees.

Anyway, here’s an insight that may appeal to, like, six of you who care about such things, but I just can’t shake it: Frank McCourt’s lawyers keep arguing that the business with his lawyer switching out versions of the agreement that was to decide who owns the Dodgers was no big deal.  A clerical error. A “scrivener’s error.”  Of no consequence at all. But tell me: if Jamie wins, and Frank has to give her hundreds of millions of dollars, how much time will elapse between the judgment coming down and the malpractice suit Frank files against his “scrivener”?  I’m guessing he may let a day go by, but not two, and when he does he will characterize it as the most egregious case of professional misconduct in the history of Anglo-American jurisprudence. That’ll be fun.

As for the outcome, I don’t really know what to think.  Based on everything I’ve read, I am of the opinion that Jamie McCourt’s story that she always thought she was going to own half the team is self-serving post-facto baloney. I don’t buy that she didn’t read the documents and understand what she was signing. I don’t buy that Frank was truly going to give her every one of their houses AND the Dodgers.  It just doesn’t make sense to me based on the things we’ve heard about their respective appetites for risk, their history and all of that. I simply don’t find her side of the story credible.

At the same time, I do find the scrivener’s story credible. I bet there was an error in the documents and that — as the man who made the error — the lawyer did just go back and try to substitute the correct document in there and hope no one ever figured it out.  I used to do a lot of professional responsibility defense work, and I’ve seen lots of lawyers do this. It’s always, always, always the wrong thing to do, but I’ve seen them do it.

But just because I find it credible doesn’t mean it’s defensible. There’s too much at stake in the legal system — not just for rich people like the McCourts but for everyone — for courts to overlook lawyer misconduct and make assumptions about what was really going on. Yes, in this case taking a hard line may reward Jamie’s post-facto baloney and may, in the end, cost Frank the Dodgers. But it’s going to be hard for a judge to essentially validate the document switcheroo.

We’ll find out for sure in 90 days, when a decision comes out.

Jorge Posada highlights 16 one-and-done players on Hall of Fame ballot

NEW YORK, NY - JANUARY 24:  Jorge Posada addresses the media during a press conference to announces his retirement from the New York Yankees at Yankee Stadium on January 24, 2012 in the Bronx borough of  New York City.  (Photo by Mike Stobe/Getty Images)
Mike Stobe/Getty Images
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Former Yankees catcher Jorge Posada received only 17 total votes (3.8 percent) on the 2017 Hall of Fame ballot. Unfortunately, he is one of 16 players who fell short of the five percent vote threshold and is no longer eligible on the ballot. The other players are Magglio Ordonez (three votes, 0.7 percent), Edgar Renteria (two, 0.5 percent), Jason Varitek (two, 0.5 percent), Tim Wakefield (one, 0.2 percent), Casey Blake (zero), Pat Burrell (zero), Orlando Cabrera (zero), Mike Cameron (zero), J.D. Drew (zero), Carlos Guillen (zero), Derrek Lee (zero), Melvin Mora (zero), Arthur Rhodes (zero), Freddy Sanchez (zero), and Matt Stairs (zero).

Posada, 45, helped the Yankees win four World Series championships from 1998-2000 as well as 2009. He made the American League All-Star team five times, won five Silver Sluggers, and had a top-three AL MVP Award finish. Posada also hit 20 or more homers in eight seasons, finished with a career adjusted OPS (a.k.a. OPS+) of 121, and accrued 42.7 Wins Above Replacement in his 17-year career according to Baseball Reference.

While Posada’s OPS+ and WAR are lacking compared to other Hall of Famers — he was 18th of 34 eligible players in JAWS, Jay Jaffe’s WAR-based Hall of Fame metric — catchers simply have not put up the same kind of numbers that players at other positions have. That’s likely because catching is such a physically demanding position and often results in injuries and shortened careers. It is, perhaps, not an adjustment voters have thought to make when considering Posada’s eligibility.

Furthermore, Posada’s quick ouster is somewhat due to the crowded ballot. Most voters had a hard time figuring out which 10 players to vote for. Had Posada been on the ballot in a different era, writers likely would have found it easier to justify voting for him.

Posada joins Kenny Lofton in the “unjustly one-and-done” group.

Tim Raines, Jeff Bagwell, Ivan Rodriguez Elected to the Hall of Fame

1990:  Outfielder Tim Raines of the Montreal Expos in action. Mandatory Credit: Otto Greule  /Allsport
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The 2017 induction class of the Baseball Hall of Fame was announced Wednesday evening and we have three inductees: Tim Raines, Jeff Bagwell and Ivan Rodriguez. Raines and Bagwell had to wait a good long while to get the call. Rodriguez is in on his first year of eligibility. But nowhere on the plaque will it say how long it took. All that matters now is that three of the greatest players of their respective generations finally have a place in Cooperstown.

Players must be named on 75% of the Baseball Writers Association of America’s ballots to get in. Raines was named on 86% of the ballots. Bagwell was named on 86.2%. Rodriguez was named on 76%. Non-inductees with significant vote totals include Trevor Hoffman at 74% and Vladimir Guerrero at  71.7%. The full results can be seen here.

Others not making the cut but still alive for next year, with vote totals in parenthesis: Edgar Martinez (58.6); Roger Clemens (54.1); Barry Bonds (53.8); Mike Mussina (51.8); Curt Schilling (45.0); Manny Ramirez (23.8); Larry Walker (21.9); Fred McGriff (21.7); Jeff Kent (16.7); Gary Sheffield (13.3%); Billy Wagner (10.2); and Sammy Sosa (8.6). Making his final appearance on the ballot was Lee Smith, who received 34.2% of the vote in his last year of eligibility. He will now be the business of the Veterans Committee.

Players who fell off the ballot due to not having the requisite 5% to stay on: Jorge Posada; Magglio Ordoñez; Edgar Renteria; Jason Varitek; Tim Wakefield; Casey Blake; Pat Burrell; Orlando Cabrera; Mike Cameron; J.D. Drew; Carlos Guillen; Derrek Lee; Melvin Mora; Arthur Rhodes; Freddy Sanchez; and Matt Stairs

We’ll have continued updates on today’s Hall of Fame vote throughout the evening and in the coming days. In the meantime, congratulations to this year’s inductees, Tim Raines, Jeff Bagwell and Ivan Rodriguez!