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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.

Seung-Hwan Oh finally receives his work visa, will be on time for Cardinals camp

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At last check, new Cardinals reliever Seung-Hwan Oh was still awaiting a work visa from the United States Embassy in South Korea and there was some worry that he might not be able to arrive on time to spring training in Jupiter, Florida.

But that is now officially a non-story.

Derrick Goold of the St. Louis Post-Dispatch reports that Oh has recieved his work visa and is expected to report to Cardinals camp next week along with the rest of the club’s pitchers and catchers. Oh might even show up a bit earlier than the Cardinals originally asked him to, per Goold.

Oh saved 357 games in 11 seasons between Japan’s Nippon Professional Baseball and the Korea Baseball Organization before inking a one-year contract with St. Louis this winter. He also registered a stellar 1.81 ERA and 772 strikeouts across 646 total innings in Asia, earning the nickname “The Final Boss.”

Oh is expected to work in a setup role this year for Cardinals closer Trevor Rosenthal.

John Lamb had back surgery in December, will likely get off to late start in 2016

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John Lamb was part of the Reds’ return package in last July’s Johnny Cueto trade and he had a strong showing at the Triple-A level in 2015. But the young left-hander posted a 5.80 ERA in a 10-start cup of coffee with Cincinnati late last season — his first 10 appearances as a major leaguer — and now comes word from MLB.com’s Mark Sheldon that Lamb will probably have to get off to a late start in 2016.

Lamb underwent surgery in December to repair a herniated disc in his back — a surgery that went unreported by the Reds until Tuesday afternoon. Reds manager Bryan Price acknowledged on MLB Network that Lamb is behind the team’s other starting pitchers and will likely open the coming season on the disabled list. The hope is that he might be ready by mid-April.

It’s a small but frustrating blow for a rebuilding Reds team that will be looking to establish some foundational pieces in 2016. Once he is recovered, Lamb will be expected to fill the Reds’ fifth rotation spot behind Raisel Iglesias, Anthony DeSclafani, Brandon Finnegan, and Michael Lorenzen.

This is going to be an ugly year for Cincinnati baseball fans.

Yu Darvish will report to spring training on time, hopes to begin mound work in March

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Rangers ace Yu Darvish missed the entire 2015 season after undergoing Tommy John reconstructive elbow surgery last March 17. Most starting pitchers take 13-15 months to fully recover from that procedure, and the Rangers aren’t counting on Darvish until sometime this May.

His rehab so far has gone on without issue.

Darvish offered some very positive updates Tuesday to Jeff Wilson of the Fort Worth Star-Telegram …

Darvish, 29, boasts a 3.27 ERA and 1.196 WHIP in 83 career major league starts. He can also claim a whopping 680 strikeouts in 545 1/3 career major league innings.

Texas has him under contract for $10 million in 2016 and $11 million in 2017.

Masahiro Tanaka throws off mound for first time since October elbow surgery

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According to the Associated Press — via Chad Jennings of The Journal News — Yankees right-hander Masahiro Tanaka threw off a bullpen mound Tuesday for the first time since undergoing a cleanup procedure on his right elbow last October.

The throwing session took place in New York, and Yankees pitching coach Larry Rothschild later told the media in Tampa that all of the reports he heard were good.

Tanaka might be behind some of the Yankees’ other pitchers when spring training officially begins, but he should be ready for the start of the 2016 regular season.

The 27-year-old native of Japan posted a 3.51 ERA, 0.99 WHIP, and 139/27 K/BB ratio across 154 innings last season for New York. He owns a 3.16 ERA (123 ERA+) in 290 1/3 innings since becoming a major leaguer in 2014.

Tanaka is still pitching with a partially-torn ligament in his right elbow that could eventually require Tommy John reconstructive surgery. His surgery last October was of the arthroscopic variety and simply removed bone spurs.