New York Mets v New York Yankees

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 …

Report: Arquimedes Caminero likely to sign with Yomiuri Giants

SEATTLE, WA - AUGUST 21: Arquimedes Caminero #48 of the Seattle Mariners delivers a pitch during a game against the Milwaukee Brewers at Safeco Field on August 21, 2016 in Seattle, Washington. The Brewers won the game 7-6. (Photo by Stephen Brashear/Getty Images)
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Mariners’ right-hander Arquimedes Caminero is nearing a deal with the Yomiuri Giants of Nippon Professional Baseball, according to Bob Dutton of the Tacoma News Tribune. The club has reportedly agreed to sell the 29-year-old’s contract, Dutton writes, though no official move has been announced by either team yet. Caminero is under club control through 2020 and currently ineligible for arbitration.

The right-hander began the 2016 season with the Pirates but was sent to the Mariners in a trade for Seattle minor leaguers Jake Brentz and Pedro Vasquez in order to clear space in the Bucs’ bullpen. With the Mariners, Caminero produced a 3.66 ERA and 8.2 K/9 through 19 2/3 innings in the second half of the year. Although he boasts an electric fastball, one which consistently averaged 98.7 m.p.h. in 2016, his success rate has been tempered by poor control throughout his major league career. According to Dutton, the Mariners’ willingness to sell Caminero’s contract was a strong indication that they did not see him as a viable contender for their 2017 bullpen or as a potential trade chip further down the line.

Should the deal go through, the right-hander will be the second former Mariner to sign with a Japanese club for the 2017 season. Per Dutton’s report, outfielder Stefen Romero also picked up a contract with the Orix Buffaloes of NPB in late November.

Gerrit Cole set to begin throwing program

PITTSBURGH, PA - AUGUST 24:  Gerrit Cole #45 of the Pittsburgh Pirates sits in the dugout in the second inning during the game against the Houston Astros at PNC Park on August 24, 2016 in Pittsburgh, Pennsylvania. (Photo by Justin Berl/Getty Images)
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During the Pirates’ FanFest on Saturday, right-hander Gerrit Cole announced that he is back up to full health after being shut down with elbow inflammation in September. Per Rob Biertempfel of the Pittsburgh Tribune-Review, Cole said he’ll start a throwing program on Monday as he works on regaining his form for the 2017 season.

The 26-year-old pitched through 116 innings for the Pirates in 2016, delivering a 3.88 ERA and 2.5 WARP before landing on the disabled list in June with a triceps strain and again in August with elbow inflammation. It was a steep drop for the right-hander, who saw a considerable spike in his ERA and BB/9 rate and struggled to strike out batters at the 8.7 mark he managed in 2015.

The upside? Inflammation was the worst of Cole’s issues in 2016, and while the newfound health issues didn’t help his case for an extension, a more serious injury doesn’t appear to be on the horizon.