lawsuit gavel

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.

It’s spring training for groundskeepers too

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Or, I should say, it’s spring training for whatever automated timer thingie turns the sprinklers on and off.

This was the scene at Goodyear on Saturday as the Indians and Reds played in the bottom of the eighth in their spring training opener. Reds manager Bryan Price says that this was probably the second or third time this has happened in the middle of a game there.

Maybe investigate manually operating that bad boy? Just a suggestion!

The Chicago Cubs: Spring training games, regular season prices

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Craig Calcaterra
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MESA, AZ — I’ve been covering spring training for eight years, and in just those eight years a lot has changed in the Cactus and Grapefruit League experiences. The parks are bigger and fancier and the vibe is far more akin to a regular season major league one than the intimate and laid back atmosphere most people think of when they picture February and March baseball.

Just imagine, however, how much has changed if you’ve been coming to Florida or Arizona for a really long time.

“When we first started coming, you could bring your own beer in,” says Don Harper, a lifelong Cubs fan from Kennewick, Washington who spends his winters in Arizona. “You couldn’t bring a cooler, but you could bring a case of beer and a bag of ice and you just set it down in between you and you just put the ice on it and keep it cold.”

I asked Don if the beer vendors complained.

“They didn’t sell beer,” he said.

That was three decades and two ballparks ago. They certainly sell beer at the Cubs’ gleaming new facility, Sloan Park. Cups of the stuff cost more than a couple of cases did back when Don first started coming to spring training.

The price of beer is not the only thing that has changed, of course. The price of tickets is not what it used to be either. Don told me that when he started coming to Cubs spring training games tickets ran about seven dollars. If that. It’s a bit pricer now. Face value for a single lawn ticket, where you’ll be sitting on a blanker on the outfield berm — can be as high as $47 depending on the day of the week and the opponent. Infield box seats run as high as $85.

The thing is, though, you’re not getting face value seats for Cubs spring training games. Half of the home games sold out within a week of tickets going on sale in January. Since then just about every other game has sold out or soon will. That will force you to get tickets on the secondary market. According to TickPick, the average — average! — Cubs spring training ticket on the secondary market is $106.30. For a single ticket. It’s easily the highest price for spring training tickets in all of baseball, and is $26 higher than secondary market tickets for the next highest team, the Red Sox:

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That may be shocking or even appalling to some, but as the automatic sellouts at Sloan Park and those high secondary market prices suggest, there are at least 15,000 people or so for each Cubs home game who don’t seem to mind. Supply meet demand meet the defending World Series champions.

I spoke with two younger Cubs fans, Corey Hayden and Eleanor Meloul, who traveled here from Salt Lake City. On Sunday they lucked out and got a couple of lawn seats for $28. On Saturday, however, they paid $100 a piece on StubHub to get some seats just beyond third base. I asked them if there is some price point that would keep them from coming.

“There isn’t one,” Hayden said. “I paid $4,500 for a World Series ticket, so . . .”

Don Harper wouldn’t do that, but he doesn’t really mind the higher prices he’s paying for his spring tickets. Of course, he’s a longtime season ticket holder so he gets access to the face value seats. I asked him whether his spring training habit would end if those prices got jacked up higher, as the market would seem to bear, or if he had to resort to the secondary market.

Don paused and sighed, suggesting it was a tough question. As he considered it, I put a hard number on it, asking him if he’d still go if he had to pay $50 per ticket. “Yeah, probably,” he said. “$75?” I asked. He paused again.

“As long as I got enough money.”

Don is a diehard who, one senses, will always find a way to make it work. Corey spent a wad of cash on that once-in-a-lifetime World Series ticket, but he and Eleanor seem content to bargain hunt for the most part and splurge strategically. If you’re a Cubs fan — and if you’re not rich — that’s what you’ll have to do. The ticket it just too hot.