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


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.

Indians sign Anthony Recker to a minor league deal

Anthony Recker
AP Photo/J Pat Carter
Leave a comment’s Jordan Bastian reports that the Indians have signed catcher Anthony Recker to a minor league deal with an invitation to spring training.

Recker, 32, has spent the past three seasons with the Mets, compiling an aggregate .190/.256/.350 batting line with 15 home runs and 51 RBI in 432 plate appearances. He’ll serve as catching depth for the Indians.

Recker was selected by the Athletics in the 18th round of the 2005 draft. They then sent him to the Cubs in exchange for Blake Lalli in an August 2012 trade, and the Mets selected him off waivers from the Cubs in October 2012.

Report: Yasiel Puig started a fight at a Miami nightclub

Yasiel Puig

When last we posted about Yasiel Puig it was to pass along a rumor that the best player on his team wants him off of it. If that was true — and if this report is true — then expect that sentiment to remain unchanged:

Obviously this report is vague and there has not been, say, a police report or other details to fill it in. Perhaps we’ll learn more, perhaps Puig was misbehaving perhaps he wasn’t.

As we wait for details, however, it’s probably worth reminding ourselves that Puig is coming off of a lost season in which he couldn’t stay healthy, so trading him for any sort of decent return at the moment isn’t super likely. Which leads us to some often overlooked but undeniable baseball wisdom: you can be a distraction if you’re effective and you can be ineffective if you’re a good guy. You really can’t be an ineffective distraction, however, and expect to hang around very long.

Are the Padres adding some yellow to their color scheme for 2016?

Tony Gwynn

We’ve written several times about how boring the Padres’ uniforms and color scheme is. And how that’s an even greater shame given how colorful they used to be. No, not all of their mustard and brown ensembles were great looking, but some were and at some point it’s better to miss boldly than to endure blandness.

Now comes a hint that the Padres may step a toe back into the world of bright colors. At least a little bit. A picture of a new Padres cap is making the rounds in which a new “sunshine yellow” color has been added to the blue and white:

This story from the Union-Tribune notes that the yellow also appears on the recently-unveiled 2016 All-Star Game logo, suggesting that the yellow in the cap could either be part of some  special All-Star-related gear or a new color to the normal Padres livery.

I still strongly advocate for the Padres to bring back the brown — and there are a multitude of design ideas which could do that in tasteful fashion — but for now any addition of some color would be a good thing.

Brett Lawrie “likely to be traded” by the A’s

Brett Lawrie

Oakland’s re-acquisition of infielder Jed Lowrie from Houston makes it “likely” that the A’s will now trade infielder Brett Lawrie, according to Susan Slusser of the San Francisco Chronicle.

Slusser says Lowrie’s arrival “all but ensures” both Lawrie and Danny Valencia are on the trading block, adding that Lawrie “is considered the better bet to be traded.”

Acquired last offseason from the Blue Jays in the Josh Donaldson trade, Lawrie hit .260 with 16 homers and a .706 OPS in 149 games while playing second base and third base. At age 25 he’s a solid player, but Lawrie has failed to live up to his perceived potential while hitting .263 with a .736 OPS in 494 career games.

At this point it sounds like the A’s plan to start Marcus Semien at shortstop and Lowrie at second base.