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.

Video: Odubel Herrera’s glorious bat flip

DETROIT, MI - MAY 25: Odubel Herrera #37 of the Philadelphia Phillies hits a three run home run during the fourth inning of the inter-league game against the Detroit Tigers on May 25, 2016 at Comerica Park in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
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Phillies outfielder Odubel Herrera, playing in his second game since being benched for a lack of hustle, hit a three-run home run to extend his team’s lead to 5-1 in the fourth inning on Wednesday afternoon. After putting a sweet swing on an Anibal Sanchez 2-1 slider, Herrera flipped his bat in grand fashion. It wasn’t quite as emphatic as Jose Bautista‘s from last year’s ALDS, but it was glorious nonetheless.

To the Tigers’ credit, Herrera’s bat flip didn’t result in any shouting or fighting or throwing intentionally at hitters. So that’s nice.

Herrera is now batting .327/.440/.461 with five home runs and 17 RBI on the year. The Phillies selected him in the Rule 5 draft from the Rangers ahead of the 2015 season and he’s proven to be the lifeblood of the offense thus far.

30 years ago, Dave Kingman sent a live rat to a female reporter

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Someone on Reddit’s /r/baseball page linked to this New York Times article from June 1986.

Dave Kingman, then with the Athletics, was 37 years old and playing in what would be his final season. He was fined $3,500, which is a little over $7,600 in 2016 dollars, for sending a live rat in a pink box to a female reporter, Susan Fornoff of The Sacramento Bee. The rat wore a tag that said “my name is Sue.”

Kingman refused to apologize, saying, “I’ve pulled practical jokes on other people and I didn’t apologize to them.”

According to Fornoff, Kingman had said to her that women don’t belong in the clubhouse, and Kingman had been harassing her since she began covering the team in ’85. The Athletics didn’t keep Kingman around after the season, and he ended up hanging up the spikes.

Pete Dexter wrote in more detail about the incident at Deadspin a few years ago. It’s a good read.

I wasn’t familiar with this story as I was still more than two years from being born when it happened. Sports media has made strides towards being more inclusive of non-white cisgender straight men, especially compared to 30 years ago. But, of course, we’re still a long ways away from an ideal world in which everyone is treated equally and everyone has equal access. Some of the best baseball reporting and analysis these days is being done by women and it’s nice to see sites, especially FanGraphs recently, make a concerted effort towards diversification.

D-Backs mulling optioning Shelby Miller to the minors

PITTSBURGH, PA - MAY 24:  Shelby Miller #26 of the Arizona Diamondbacks pitches in the first inning during the game against the Pittsburgh Pirates at PNC Park on May 24, 2016 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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Diamondbacks starter Shelby Miller continued to struggle on Tuesday, serving up six runs on eight hits and four walks with three strikeouts over five innings against the Pirates. His ERA, in 10 starts this season, stands at an unsightly 7.09 with 30 strikeouts and 29 walks in 45 2/3 innings.

The D-Backs acquired him from the Braves over the winter, sending 2015 first overall pick Dansby Swanson to Atlanta along with pitching prospect Aaron Blair and outfielder Ender Inciarte. It’s a trade they’d most likely take back if they had the luxury.

Instead, GM Dave Stewart is considering optioning the right-hander to Triple-A Reno to figure things out, Jack Magruder reports for Today’s Knuckleball. Stewart said, “We want to get him on track the best way we can. We will figure it out and do what’s needed.”

Miller is currently slated to start against the Padres on Sunday, so the club has a few more days to consider what to do. Josh Collmenter will likely be activated over the weekend, which would create a convenient way to put him back on the roster and deal with Miller.

Jackie Bradley, Jr. and Xander Bogaerts both extend their hitting streaks

BOSTON, MA - MAY 24:  Jackie Bradley Jr. #25 of the Boston Red Sox returns to the dugout after scoring in the second inning during the game against the Colorado Rockies at Fenway Park on May 24, 2016 in Boston, Massachusetts. Extending his hitting streak to 28 games.  (Photo by Adam Glanzman/Getty Images)
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Red Sox outfielder Jackie Bradley, Jr. and shortstop Xander Bogaerts both extended their hitting streaks on Wednesday night against the Rockies, and both did it in the bottom of the fourth inning.

Bogaerts led off the inning with a solo home run to left-center off of Chad Bettis. After David Ortiz walked and Hanley Ramirez grounded into a fielder’s choice, Bradley laced a single to left field. Bogaerts’ streak now stands at 18 games and Bradley’s is at 29. Bradley is tied with Johnny Damon for the fourth-longest streak in Red Sox history. He trails Tris Speaker and Nomar Garciaparra at 30 and Dom DiMaggio at 34.

The Red Sox entered Wednesday’s action averaging 5.87 runs per game, the best mark in baseball. The major league average is 4.28. Bogaerts and Bradley, unsurprisingly, have been a big part of the offense’s success thus far.