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ESPN needs to get a better legal expert

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I have no personal quarrel with ESPN’s Lester Munson. I don’t know his background or his specific area of expertise. I know that when he is asked to explain to lay people the general gist of any legal issue that touches sports he tends to do an OK job.  He’s good at the “OK, what happens next” part of things, which is probably the thing sports fans want to know.  I’ve dabbled in legal expertise business before, and that’s about 95% of the gig.

I do know, however, that he is most visibly promoted by ESPN when it comes to steroids in baseball stories, and I know that whenever he has been called to go beyond the “what happens next” aspect of that business, he has often gotten things pretty wrong.

The most notable instance I can remember of him stone cold whiffing was when the Barry Bonds prosecutors lost some preliminary evidentiary rulings a couple of years ago and took an appeal.  I won’t bore you with the details, but the basis of the prosecution’s argument was an evidence concept called “the residual exception.”  The important thing to know about the residual exception is that if you have to argue that your evidence is admissible on that basis, you’re screwed, dude. Almost every single person with a legal background knew that the prosecutors were screwed there too. But not Munson, who claimed “their chances are good” and otherwise gave them a tongue-bathing while slamming Judge Illston.  He was wrong.

So color me unsurprised this morning when Munson’s column analyzing the Bonds verdict came out and it was filled with praise for the prosecution on a “major triumph,” and said that the defense “went 0 for 4” despite getting three hung juries, including one involving Bonds lying about steroids.  I suppose reasonable people can disagree about whether the prosecution can declare a victory of some kind, but Munson’s hyperbole and reasoning is so far removed from common sense and reality that I almost got an attack of vertigo trying to wrap my brain around it.

Thankfully some others took it down:  Wendy, at the Hanging Sliders blog, simply eviscerates Munson’s arguments.  The point-by-point takedown is what you should really read, but the conclusion pretty much covers it:

I don’t know Munson nor do I know anything about his law practice. But I suggest that if you are suspected of committing a crime, you should hire an attorney who understands criminal, evidentiary and constitutional law better than Lester Munson apparently does.

Elie Mystal at the inimitable Above the Law blog goes after Munson too, and suffers from the same sort of vertigo that struck me, only with more F-words.

I don’t know what Munson’s deal is. At some point several years ago he fell in love with the prosecution’s case and hasn’t been able to see it objectively for some time.  Or maybe he’s  just out of his depth with this stuff.  All I know for sure is that, given how often sports and law intersect these days, the self-proclaimed World Wide Leader in Sports should find someone who knows what the hell they’re talking about with this stuff.

Chris Sale doesn’t regret protesting wearing White Sox retro uniform

SAN DIEGO, CA - JULY 12:  Chris Sale #49 of the Chicago White Sox reacts during the 87th Annual MLB All-Star Game at PETCO Park on July 12, 2016 in San Diego, California.  (Photo by Harry How/Getty Images)
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White Sox ace Chris Sale was scratched from Saturday night’s start against the Tigers due to a confrontation he had with White Sox coaches and front office staff over the 1976 retro uniforms the club was to wear. Sale used a knife to cut up his uniform as well as the uniforms of some other players, protesting the club’s decision to wear them. The White Sox suspended Sale five games “for violating team rules, for insubordination, and for destroying team equipment.”

Sale spoke about the incident for the first time, as MLB.com’s Scott Merkin reports. The lefty apologized to fans who came to see him pitch and said he regrets “not being there for my guys,” referring to the bullpen, which had to cover for Sale on Saturday. Matt Albers got the spot start and went two innings.

Sale felt the uniform would have impacted his performance, saying, “[The ’76 uniforms] are uncomfortable and unorthodox. I didn’t want to go out there and not be at the top of my game in every aspect that I need to be in. Not only that, but I didn’t want anything to alter my mechanics. … There’s a lot of different things that went into it. Looking bad had absolutely zero to do with it. Nothing.”

Sale was firm that he doesn’t regret standing up for he believes in. “Absolutely not,” he said. He continued, “Do I regret saying business should not be first before winning? Absolutely not.”

With his five-game suspension to end after Wednesday’s game, Sale is on track to start Thursday against the Cubs at Wrigley Field.

Dee Gordon will return from his 80-game suspension on Thursday

WASHINGTON, DC - APRIL 10:  Dee Gordon #9 of the Miami Marlins runs the bases against the Washington Nationals at Nationals Park on April 10, 2016 in Washington, DC.  (Photo by Greg Fiume/Getty Images)
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At the end of April, Marlins second baseman Dee Gordon was handed an 80-game suspension by Major League Baseball after testing positive for exogenous testosterone and Clostebol, performance-enhancing drugs. Gordon says he took those substances unknowingly.

Gordon will return to the Marlins on Thursday, MLB.com’s Joe Frisaro reports. The club was 10-11 prior to Gordon’s suspension. Since then, the club has gone 43-35 and is now tied with the Mets for second place in the NL East, five games behind the Nationals. Impressively, the Marlins have collectively hit .272/.330/.408 in Gordon’s absence, which compares favorably to the league average .252/.320/.410 triple-slash line.

Gordon, who made the NL All-Star team in 2014 and ’15, was hitting .266/.289/.340 with three doubles, two triples, five RBI, 13 runs scored, and six stolen bases in 97 plate appearances. Derek Dietrich has handled second base in the meantime and has done an admirable job, batting .275/.366/.398 with 22 extra-base hits, 30 RBI, and 26 runs scored in 314 PA. Nevertheless, Gordon is likely to return to full-time duty at second base.