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.

Report: Mariners acquire Chris Heston from the Giants

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Jon Morosi of MLB Network and FOX Sports reports that the Mariners have acquired starter Chris Heston from the Giants. The Giants will receive a player to be named later, per Jon Heyman of FanRag Sports.

Heston, 28, logged only five innings in the majors this past season as he battled an oblique injury and otherwise spent most of his time with Triple-A Sacramento. Heston was solid out of the Giants’ rotation in 2015, posting a 3.95 ERA with a 141/64 K/BB ratio in 177 2/3 innings over 31 starts.

Heston will be under team control through 2021. He’ll provide depth for the Mariners’ rotation in the meantime.

Joe Nathan wants to pitch in 2017

DETROIT, MI - AUGUST 16: Joe Nathan #36 of the Detroit Tigers pitches in the ninth inning of the game against the Seattle Mariners at Comerica Park on August 16, 2014 in Detroit, Michigan. The Tigers defeated the Mariners 4-2.  (Photo by Leon Halip/Getty Images)
Leon Halip/Getty Images
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Joe Nathan‘s agent, David Pepe, says his client wants to pitch in 2017, per ESPN’s Jerry Crasnick. “He’s like the Energizer Bunny,” Pepe said.

Nathan, 42, came back from Tommy John surgery in July, pitching two scoreless innings for the Cubs with four strikeouts and two walks. The Cubs released him and the Giants picked him up, and Nathan went on to pitch 4 1/3 scoreless innings down the stretch with five strikeouts and two walks.

According to FanGraphs, Nathan’s velocity wasn’t where it used to be, which is to be expected of a pitcher in his 40’s coming back from major elbow surgery. Still, with teams always on the hunt for bullpen depth, it would be shocking if Nathan didn’t get any bites before spring training starts.