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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.

Pete Mackanin on Phillies’ bullpen: “Somebody else has to [bleeping] step up.”

PHILADELPHIA, PA - JUNE 15: Manager Pete Mackanin #45 of the Philadelphia Phillies makes a pitching change in the eighth inning during a game against the Toronto Blue Jays at Citizens Bank Park on June 15, 2016 in Philadelphia, Pennsylvania. The Blue Jays won 7-2. (Photo by Hunter Martin/Getty Images)
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The Phillies’ bullpen led to yet another loss on Tuesday. Severino Gonzalez, Luis Garcia, Joely Rodriguez, and David Hernandez combined to allow six runs in five innings, allowing the Braves to come back and win 7-6 after falling behind 6-0 after the first two innings.

The game prior, the Phillies’ bullpen surrendered 14 runs in four innings in a 17-0 loss to the Mets. The game before that, the bullpen yielded four runs in four innings, nearly squandering the Phillies’ 10-0 lead after four innings. And last Thursday, the Phillies had taken an 8-6 lead in the top of the 11th, but Edubray Ramos served up a walk-off three-run home run to Asdrubal Cabrera. It’s been a tough month.

Manager Pete Mackanin ripped the bullpen when speaking to the media after Tuesday’s game. Via Jim Salisbury of CSN Philly:

Neris was going to close for us. I thought about using him with two outs in the eighth. But, at some point, somebody else has to do a (bleeping) job. Somebody else has to (bleeping) step up. In two games now, every reliever I brought in has given up a (bleeping) run. That’s unheard of.

The Phillies currently own the fourth-worst bullpen ERA in baseball at 4.97.  Only the Rockies (5.12), Reds (5.07), and Diamondbacks (4.98) have been worse.

In fairness to the bullpen, aside from Jeanmar Gomez (who lost his job as closer earlier this month) and free agent signee David Hernandez, the bullpen is intentionally comprised of young, inexperienced pitchers as the Phillies are still rebuilding. If the Phillies were aiming for a playoff spot, it would be one thing, but the struggles are to be expected when one throws 24-year-olds into the deep end.

Report: White Sox will offer Robin Ventura a new contract if he wants to return

CHICAGO, IL - OCTOBER 04: Manager Robin Ventura #23 of the Chicago White Sox in the dugout before the game against the Detroit Tigers at U.S. Cellular Field on October 4, 2015 in Chicago, Illinois.  (Photo by Jon Durr/Getty Images)
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Manager Robin Ventura’s contract with the White Sox expires after the season, but the club will offer him a new contract if he wants to stay in Chicago, Bob Nightengale of USA TODAY Sports reports.

Ventura’s five seasons at the helm of the White Sox haven’t gone well. The club has crossed the 80-win threshold only once, in his first season back in 2012. Entering the final five games of the season, Ventura has a 373-432 record (463) overall.

The White Sox have also had a handful of controversies under Ventura’s watch, including the fiasco concerning Adam LaRoche and his son Drake, as well as Chris Sale‘s displeasure with wearing retro uniforms. Ventura is not exactly a fan favorite, either. It’s interesting that the White Sox want to keep him around, to say the least.