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 …

Bartolo Colon Watching the Eclipse Is Your Moment of Zen

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A Solar Eclipse

by Ella Wheeler Wilcox

In that great journey of the stars through space
About the mighty, all-directing Sun,
The pallid, faithful Moon, has been the one
Companion of the Earth. Her tender face,
Pale with the swift, keen purpose of that race,
Which at Time’s natal hour was first begun,
Shines ever on her lover as they run
And lights his orbit with her silvery smile.

Sometimes such passionate love doth in her rise,
Down from her beaten path she softly slips,
And with her mantle veils the Sun’s bold eyes,
Then in the gloaming finds her lover’s lips.
While far and near the men our world call wise
See only that the Sun is in eclipse.

The umps have dropped their Ian Kinsler protest

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Over the weekend the World Umpires Association — the umpire’s union —  launched a protest in response to what it feels is Major League Baseball’s failure to adequately address the “escalating attacks” on the men in blue. They were specifically upset that Ian Kinsler didn’t get suspended for his remarks in which he said that Angel Hernandez should get out of the umpiring business because he’s terrible. Apparently to umpires truth is no defense. In any event, they wore white wristbands Saturday night as a sign of solidarity or whatever.

Now that’s over, it seems. At least for the time being. The Association released this statement yesterday afternoon:

“Today, WUA members agreed to the Commissioner’s proposal to meet with the Union’s Governing Board to discuss the concerns on which our white wristband protest is based. We appreciate the Commissioner’s willingness to engage seriously on verbal attacks and other important issues that must be addressed. To demonstrate our good faith, MLB Umpires will remove the protest white wristbands pending the requested meeting.”

As many noted over the weekend — most notably Emma Span of Sports Illustrated — this protest was, at best, tone deaf. While officials are, obviously, due proper respect, a player jawing at an umpire is neither unprecedented nor very serious compared to, well, almost anything that goes on in the game or in society. At a time when people are literally taking to the streets to protest white supremacy, Neo-Nazis and the KKK, asking folks to spare thoughts for some people who sometimes have to take guff over ball and strike calls is not exactly a cause that is going to draw a ton of sympathy. And that’s before you address the fact that the umpires are not innocent when it comes to stoking the animosity between themselves and the players.

I wouldn’t expect to hear too much more out of this other than, perhaps, a relatively non-committal statement from Major League Baseball and a relatively detail-free declaration of victory by the umpires after their meeting.