Roger Clemens leaves the federal courthouse with attorney Rusty Hardin in Washington

Searching for meaning in the Clemens mistrial ruling


It takes a pretty unique intellect to look at what happened with the Roger Clemens case yesterday — a mistrial ending the thing before it began — and consider it anything other than awesome news from Roger Clemens’ perspective.  No, he may not be 100% out of the woods yet, but when you get your criminal trial stopped on a mistrial due to the government screwing up royally on Day Two, that’s a pretty darn good thing.

But Mike Lupica wants Roger Clemens to know that he has no reason to celebrate at the moment, noting that most legal experts don’t think that the potential knockout punch of the case — an argument that a retrial would be double jeopardy — is likely to be successful. That much may be true. I agree that it’s a stretch that the judge will say double jeopardy attaches and thus prevent a re-trial. But how Lupica can look at this as anything other than a good development for Clemens is somewhat mystifying to me.  Take this quote:

“If (Clemens) is convicted,” Reggie Walton said, “knowing how I sentence, he goes to jail. He is entitled to a fair trial. He cannot get that now.”  In that moment, it was as if Walton was coming at Clemens and his lead attorney, Rusty Hardin, with high, hard stuff of his own.

Lupica goes on to quote an attorney who believes that the judge was sending a message to Clemens as well, with that message being “you had better make a deal now.” Never mind that there is no deal on the table available to Clemens at the moment.

Contrary to Lupica and his source’s view, all I see is a judge who has a reputation for giving out harsh sentences acknowledging how serious the government’s error was.  He’s saying Clemens faced real consequences if he lost — which he did — thus making the prosecution’s error all the worse. His comment had nothing to do with his assessment of the merits of Clemens’ defense. Indeed, it would be improper for the judge to actually say something which signals his opinion as to whether Clemens was truly in deep doo-doo because, at least potentially, there’s going to be another jury seated in a few months and he can’t be in the business of prejudicing them. He’s saying that the gravity of the government’s mistake was huge. Nothing more.

Or maybe something a little more, but not what Lupica is thinking. At least one legal observer thinks that the mistrial ruling — in action, if not in the judge’s words — gave insight into the judge being not particularly impressed with the government’s case:

Artur Davis, a former federal prosecutor and former United States representative from Alabama, said that the swift decision revealed Walton’s underlying opinion of the case.

“The judge could have just admonished the prosecution and embarrassed them enough to undermine their credibility with the jury, but he purposely chose not to do that,” Davis said. “For him to take the very extreme step of stopping the trial says he was fundamentally skeptical of the case.”

That may be a stretch too. And of course, you know what they say about opinions and how everyone got one.  But I see Lupica’s view of this thing being colored by some measure of dissatisfaction that Clemens is getting away with something, causing him and his source to stretch to find some sort of negative here.  And I get that because, man, I’m not a big fan of Roger Clemens or Rusty Hardin myself.

But when you wake up in the morning on trial for your freedom, and you go to bed that night with that trial gone and your prosecutors humiliated, that’s a pretty damn good day. That Lupica can’t acknowledge that is rather curious.

The Cubs acquire Rex Brothers from the Rockies

Rex Brothers Rockies

The number of people who, if you held a gun to their head, would say that “Rex Brothers” was a game show host and/or local TV news personality from the late 1970s or early 80s is not insignificant. But if you’re a Rockies fan or if spend all day thinking about baseball you know that he’s a reliever who has played in Colorado for the past five years. Now you know him as a reliever for the Cubs:

Brothers — a former Best Shape of His Life All-Star — was pretty good until he hit a brick wall in 2014 and spent most of 2015 in Triple-A. He had something of a bounceback after being called up when rosters expanded in September, but that’s not the sort of thing to excite anyone. He could be useful for the Cubs or just spring training cannon fodder and organizational depth.

Cabrera just turned 18 a couple of weeks ago and pitched a grand total of 14 games in the Dominican Summer League. He’s young and was a $250,000 signee from the Dominican as a 16-year-old so, by definition, he’s a project. Worth giving up Rex Brothers for him if you’re the Rockies, worth risking for some depth in the pen if you’re the Cubs.

Diamondbacks hire Dave Magadan as hitting coach

Dave Magadan Rangers
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Steve Gilbert of reports that the Diamondbacks’ new hitting coach is Dave Magadan, who “parted ways” with the Rangers last month after three years filling the same role in Texas.

Magadan also previously was the Red Sox’s hitting coach and his teams have generally done pretty well, including the Rangers scoring the third-most runs in the league this year.

He’ll have plenty of talent to work with in Arizona, as the Diamondbacks scored the second-most runs in the league led by Paul Goldschmidt, A.J. Pollock, and David Peralta. Turner Ward, who had been Arizona’s hitting coach, chose to leave the team two weeks ago.

A’s reacquire Jed Lowrie in trade with Astros

Jed Lowrie

Jed Lowrie, who was traded from the Astros to the A’s in 2013 and then re-signed with the Astros as a free agent last offseason, has now been traded back to the A’s.

Lowrie got a three-year, $23 million deal from the Astros with the idea that he’d play shortstop in the first season and then move to another position whenever stud prospect Carlos Correa arrived. Instead he got hurt right away, Correa became an immediate star, and the Astros weren’t so keen on paying him $15 million over the next two seasons.

He could resume playing shortstop for the A’s, who watched rookie Marcus Semien make an absurd number of errors there this year. Lowrie hit .271 with a .738 OPS in two seasons in Oakland, which is similar to his career totals and makes him a solidly above-average offensive shortstop. There’s a decent chance the A’s will have a Lowrie-Lawrie double-play duo in 2016.

In return the Astros get minor leaguer Brendan McCurry, a 24-year-old right-hander who split 2015 between high Single-A and Double-A with a 1.86 ERA and 82/17 K/BB ratio in 63 relief innings. He was a 22nd-round draft pick in 2014 and doesn’t have exceptional raw stuff, but McCurry’s numbers are incredible so far.

White Sox sign catcher Alex Avila to a one-year deal

Detroit Tigers' Alex Avila, right, is congratulated by third base coach Dave Clark after his solo home run in the third inning in the second game of a baseball doubleheader against the Chicago White Sox, Monday, Sept. 21, 2015, in Detroit. (AP Photo/Carlos Osorio)

There have been a lot of articles published in the past few days about how to navigate awkward Thanksgiving conversations with your relatives. Heck, we even wrote one.

But there’s always room for more! Such as “How to talk to your father at Thanksgiving dinner about the fact that he let you walk away from the only team you’ve ever known to sign with a division rival.” Which is what Alex Avila will likely be talking about with his father, Tigers GM Al Avila:

The older Avila can’t even say he did it because he’s opposed to nepotism. After all, he just hired his other son — who has had his law degree for just over a year — as the Tigers assistant legal counsel for baseball operations. Though I’m sure that wasn’t nepotism. He probably just aced the interview and impressed everyone more than the other candidates did.

OK, those are jokes. In all seriousness, this is a good move for Alex and Al and, probably, the White Sox. With the emergence of James McCann, there really is not space for Alex Avila in Detroit in anything other than a backup capacity. In Chicago, he’ll get more playing time. At least if he can (a) stay healthy; and (b) not hit .191/.339/.287 again like he did in 2015.