Johan Santana sues the woman accusing him of sexual assault

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We lawyers call it a counterclaim. It’s a really fancy legal concept so I’m totally sure you wouldn’t understand. Anyway:

New York Mets pitcher Johan Santana has filed a counter-claim against the woman who says he sexually assaulted and impregnated her, accusing her of defamation and malicious prosecution.

In documents filed last week, Santana is seeking more than $15,000 in compensatory damages for what he says are false statements designed to ruin his reputation. The documents use terms such as “extortion,” “blackmail” and “sham rape claim.”

Background on all of this can be found here, here, here and here. As noted in those posts, the police dropped their investigation into the alleged sexual assault for “lack of evidence.”  Based on the police file released to the public, it appears the police simply didn’t believe the accusor’s story.

I think the interesting thing in this new story is the claim of extortion, in which Santana alleges that the accusor demanded money from Santana under threat of going public. Her lawyer, however, says that Santana’s lawyers came to her first and that there has been a negotiation about it.

Based on conversations I’ve had with lawyers who represent athletes and celebrities, the accepted practice among people in Santana’s position is to pay off the person and make the problem disappear. Really, even if there’s nothing to the claim — be it sexual assault or anything else — the cheapest, quickest, most p.r.-friendly way to make the threat of a lawsuit go away is to cut the check, get the person’s signature on a confidentiality agreement and go on your merry way.  Sure, this is troubling on some level, but I can see the cold hard logic to the strategy.

But what it also means is that, if you’re an athlete, and your lawyer takes such an approach,  it’s gotta be hard to make an extortion claim.  Because odds are that some amount of discussion of money has been had already, and if you’re talking money in the first place, it’s going to be difficult to distinguish between a negotiation and an extortion attempt in a subsequent litigation. As a result, unless the shakedown came really damn fast (i.e. before your lawyer could call hers), I would think that going after the person for extortion would be tough.

But then again, I guess we can go all game-theory here and say that Santana’s lawyers know that too, so this must be a really clear-cut case.  But then her lawyers know that they know that …

The Cubs will try to clinch the NL Central on Tuesday

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The Cubs soundly defeated the Cardinals on Monday night, 10-2, sending their magic number down to one. They will try to clinch the NL Central on Tuesday with another win against the Cardinals. Alternatively, if they lose, they can still clinch if the Brewers also lose on Tuesday.

The Cubs, of course, won the Central last year en route to winning their first World Series since 1908. It wasn’t nearly as easy this year as the club was below .500 entering June and was exactly at .500 entering July. A 16-8 July, 17-12 August, and 15-8 September have helped put the Cubs back in position to return to the postseason.

Not to be forgotten, the Cardinals were eliminated from NL Central contention with Monday’s loss. Now they have their sights set on the second NL Wild Card slot and currently trail the Rockies in that race.

The matchups for Tuesday’s action:

Carter Capps to undergo surgery for thoracic outlet syndrome

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Dennis Lin of the San Diego Union Tribune reports that Padres pitcher Carter Capps will undergo surgery this offseason to address thoracic outlet syndrome, which doctors believe caused the right-hander’s blood clots. The Padres hope to have him ready by spring training next year.

Capps, 27, underwent Tommy John surgery last year and didn’t debut this season until August 7. He made 11 relief appearances, yielding nine runs on 12 hits and two walks with seven strikeouts in 12 1/3 innings. He went back on the DL on September 12 due to the blood clot issue.

The Padres acquired Capps from the Marlins last July in the Andrew Cashner trade which ended up having a lot of moving parts. Capps will enter his third and final year of arbitration eligibility this offseason. It’s quite possible the Padres choose to non-tender him.