I’ve not been following everything that’s been going on in Jim Leyritz’s trial, but a couple notable things happened this week:
- On Tuesday, the defense was able to ask a coworker of the victim’s how much she had been drinking before she drove off and, ultimately, got into the accident. A lot, it seems! Only problem: the judge had previously ruled that evidence of the victim’s drunkenness was irrelevant and inadmissible in the case, which is about whether Leyrtiz ran a red light. The best part: the prosecution didn’t object. Not once. And then the prosecutor got up and started asking his own questions about the victim’s state. At which point the judge went crazy and cleared the jurors room. That could have been grounds for a mistrial, but the judge let it go on for some reason;
- Yesterday, during a witness’ testimony about the accident scene, Leyritz broke down sobbing at the defense table. He couldn’t control himself, and the judge let Leyritz leave the room to compose himself. He couldn’t do it, and he could be heard loudly sobbing from behind a door.
Contrary to the way it’s supposed to work, I think — and this really is just my opinion based on interactions with jurors — a lot of jurors come into a trial leaning towards a presumption of guilt and, rather than look for evidence that establishes guilt, they look for reasons to acquit. Something to grab onto in order to help them to change their minds. Here, in the space of a couple of days the Leyrtiz jury (a) has been reminded that the victim was drunk too; and (b) was given a lot of reason to pity Leyritz.
I have no idea what’s going to happen with this thing, but neither of these events are particularly great for the prosecution’s case.
Here are the Yankees and Astros lineups for tonight’s Wild Card game in New York:
2B Jose Altuve
RF George Springer
SS Carlos Correa
LF Colby Rasmus
DH Evan Gattis
CF Carlos Gomez
3B Luis Valbuena
1B Chris Carter
C Jason Castro
SP Dallas Keuchel
Center fielder Carlos Gomez is in the lineup despite still being bothered by a lingering intercostal tear. He started just one of the final 20 regular season games because of the injury. Jed Lowrie, who’s been sidelined by a quadriceps injury of late, is out of the lineup in favor of Luis Valbuena at third base.
CF Brett Gardner
LF Chris Young
RF Carlos Beltran
DH Alex Rodriguez
C Brian McCann
3B Chase Headley
1B Greg Bird
2B Rob Refsnyder
SS Didi Gregorius
SP Mashiro Tanaka
Jacoby Ellsbury, who’s been the starting center fielder since signing a seven-year, $153 million deal with the Yankees two offseasons ago, is on the bench versus left-hander Dallas Keuchel. Chris Young starts in his place, as manager Joe Girardi preferred his right-handed bat in the lineup with Brett Gardner shifting to center field. Stephen Drew is out with a concussion, so little-used rookie Rob Refsnyder gets the nod at second base over veteran Dustin Ackley.
Just when Matt Harvey drama seemed to be subsiding, Matt Harvey drama begins anew.
Adam Rubin of ESPN New York reports that the Mets starter missed a mandatory workout today at Citi Field. Sandy Alderson had no information about why Harvey was gone and Harvey was not excused by the team. Alderson gave no comment.
Just a few minutes ago Harvey showed up and upon getting in front of reporters issued a brief statement with little elaboration:
Because this is New York, you know darn well there will be more to this. We’ll update when it comes out.
UPDATE: Harvey is being fined an undisclosed amount. You may now commence writing your “Matt Harvey just doesn’t get it!” columns.