Johan Santana sues the woman accusing him of sexual assault

8 Comments

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 Mariners and Cardinals make a minor trade

Getty Images
Leave a comment

The Seattle Mariners and the St. Louis Cardinals have made a minor trade. Seattle has acquired lefty Marco Gonzales from the Cardinals in exchange for outfielder Tyler O’Neill.

Gonzales, the Cardinals’ first round pick out of Gonzaga back in 2013, is in his first season back from Tommy John surgery. It’s been a good season, in which he has posted a 2.78 ERA and 64/17 K/BB ratio over 74.1 innings across two minor league levels. He’s pitched one game for St. Louis this year and got shelled, but we’ll leave that go.

O’Neill is a third rounder from 2013. He has hit .269/.344/.505 in five minor league seasons. He’s holding his own in Triple-A this year, smacking 19 homers in 93 games.

Topps has eliminated Chief Wahoo from both new and throwback card designs

11 Comments

I’ve been out of the baseball card game for a good long time, but despite this — maybe because of this — I enjoy the posts from SABR’s Baseball Card Committee. A lot of that is old time stuff that old men like me enjoy — check out the airbrushing on the “Traded” cards! — but they talk about new cards too. Definitely worth your time if cards are now or have ever been your bag.

Today there’s an interesting post, pointing out something most of us wouldn’t have otherwise noted: Topps has dropped Chief Wahoo from Indians card designs. They’re doing it for the old Braves “screaming Indian” logo as well, though the Braves no longer use that themselves.

They’re not airbrushing these logos out of photos of players — that would be Orwellian even for my extreme Wahoo-hating tastes — but in card designs which have team logos, Topps is using the block-C logo, not Wahoo, and the Braves “A” logo in place of the old logo. This includes throwback issues like the Heritage sets which put modern players on card designs from the 1950s-1960s and on simple retro designs like their 1987 variations. Any cards which once featured Wahoo on the border or on the back now features the block-C.

As you may or may not know, Topps is now the official card producer for Major League Baseball. As such, I take their doing this as a sign that MLB is continuing the slow process of de-Chiefing in whatever areas it has ultimate say.

Now if only the Indians themselves would get on board.