Johan Santana

Johan Santana moves to have the sexual assault case against him dismissed

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A year ago,  Johan Santana was accused of rape. The police investigated, found the accuser’s statements “to be inconsistent with that of other witnesses” and declined to file charges.  Back in August, Santana’s accuser filed a civil suit in Florida.  Santana is now asking that it be dismissed. Why? Because the accuser filed it anonymously, using a Jane Doe, rather than using her real name.

Those of you who have filed high profile trials involving rape or sexual abuse may be wondering why Santana would be asking this, given how common it is for alleged victims to be given anonymity. But that’s mostly in criminal cases, where the victims are merely witnesses, not parties to the suit. In civil suits, such as this one, the accuser is a party seeking money damages. In such cases, the presumption of our legal system is that it is open to the public, and that anonymity is only granted a party if his or her interest in maintaining their privacy outweighs the public interests invoked by an open legal system.

While this is a matter that continues to be litigated, the burden to remain anonymous in a civil lawsuit is pretty high, and it’s not at all uncommon for courts to require that a Jane Doe plaintiff either sue under her own name or else drop the suit, even in sexual assault and rape cases.

And yeah, I realize this has little to do with baseball, but there are a handful of legal issues in the world that still hold my interest, and this is one of them, so you get my ramblings on it.  Wait around a while and I’m sure someone’s option will be picked up.

Phillies place Peter Bourjos on the DL and activate Aaron Altherr

Aaron Altherr
AP Photo/Winslow Townson
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The Phillies placed outfielder Peter Bourjos on the 15-day disabled list with a right shoulder sprain and activated outfielder Aaron Altherr from the 60-day disabled list, the club announced on Thursday.

Bourjos, 29, injured his shoulder robbing Marlins outfielder Ichiro Suzuki of a hit on Tuesday. It was a pretty nifty grab. He hits the DL with an uninspiring .253/.290/.384 triple-slash line but he had been on a hot streak, compiling a .938 OPS between June 21 and July 21. It’s also bad timing for the Phillies, who probably would have traded Bourjos ahead of Monday’s non-waiver trade deadline.

Altherr, 25, suffered a torn tendon sheath in his right wrist on a diving catch attempt in early March during spring training. He impressed in 161 plate appearances last season, batting .241/.338/.489 with five home runs, 22 RBI, 25 runs scored, and six stolen bases. Altherr is in Thursday’s starting lineup, batting fifth and playing right field.

What’s on Tap: Previewing Thursday’s action

HOUSTON, TX - JULY 02:  Chris Sale #49 of the Chicago White Sox pitches in the first inning against the Houston Astros at Minute Maid Park on July 2, 2016 in Houston, Texas.  (Photo by Bob Levey/Getty Images)
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White Sox ace Chris Sale will return after serving his team-issued five-game suspension. He’ll take on the Cub’s John Lackey in an 8:05 PM EDT start at Wrigley Field.

The lefty protested wearing throwback uniforms, which featured collars, this past weekend. He reportedly got into a shouting match with White Sox coaches and front office staff, and took a knife to his uniform as well as those of his teammates. GM Rick Hahn punished Sale for three offenses: violating team rules, insubordination, and destroying team equipment.

Sale apologized to fans as well as to the bullpen, which had to pick him up when he was scratched from Saturday’s start. But he didn’t apologize for standing up for what he believed in.

This isn’t Sale’s first conflict with the White Sox organization. He was part of the spring training Drake LaRoche controversy. He also was part of the club’s recent protest against the Mariners’ policy that siphoned money from clubhouse attendants. As a result of what appears to be a contentious relationship between Sale and the White Sox, many think the club will trade him if they get an enticing offer. Pitchers like Sale, however, are tough to find, and he could be under team control through 2019 if the White Sox pick up his ’18 and ’19 club options.

Sale enters Thursday’s start leading the majors with 14 wins as well as a 3.18 ERA and a 129/29 K/BB ratio in 133 innings. Could it be his last start as a member of the White Sox?

The rest of Thursday’s action…

Baltimore Orioles (Ubaldo Jimenez) @ Minnesota Twins (Kyle Gibson), 7:10 PM EDT

Philadelphia Phillies (Aaron Nola) @ Atlanta Braves (Matt Wisler), 7:10 PM EDT

St. Louis Cardinals (Michael Wacha) @ Miami Marlins (Jose Fernandez), 7:10 PM EDT

Kansas City Royals (Yordano Ventura) @ Texas Rangers (Cole Hamels), 8:05 PM EDT

Boston Red Sox (David Price) @ Los Angeles Angels (Jered Weaver), 10:05 PM EDT

Washington Nationals (Tanner Roark) @ San Francisco Giants (Johnny Cueto), 10:15 PM EDT