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

Searching for meaning in the Clemens mistrial ruling

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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.

Jose Reyes to begin a rehab assignment on Wednesday

DENVER, CO - AUGUST 18:  Jose Reyes #7 of the Colorado Rockies advances to second base on a wild throw from Starting pitcher Jordan Zimmermann of the Washington Nationals during the first inning at Coors Field on August 18, 2015 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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Rockies shortstop will join Triple-A Albuquerque to begin a rehab assignment, manager Walt Weiss said on Tuesday, per MLB.com’s Thomas Harding. Reyes was suspended through May 31 for an offseason domestic violence incident, effectively a 51-game suspension.

During the offseason, Reyes allegedly grabbed his wife by the neck and shoved her into a sliding glass door in the midst of an argument. Reyes pled not gulity and the charges against him were eventually dropped because his wife was uncooperative with authorities. It is not uncommon for an abuser’s significant other to be uncooperative with authorities due to the fear of further retaliation if the abuser suffers any consequences, such as losing his job.

Reyes has spent the last two weeks getting into baseball shape at the Rockies’ spring training complex in Arizona and he’ll likely need another couple of weeks in the minors. Rookie shortstop Trevor Story has cooled off significantly since a blistering hot start to the season, but has still played well enough to warrant the Rockies not forcing him to concede his starting role to Reyes.

The Rockies acquired Reyes from the Blue Jays on July 28 last year along with Miguel Castro and two minor leaguers in exchange for Troy Tulowitzki and LaTroy Hawkins.

Padres catcher Christian Bethancourt just pitched, and he reached 96 MPH

PEORIA, AZ - FEBRUARY 26:  Catcher Christian Bethancourt #12 of the San Diego Padres poses for a portrait during spring training photo day at Peoria Sports Complex on February 26, 2016 in Peoria, Arizona.  (Photo by Jennifer Stewart/Getty Images)
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The Mariners’ offense ran roughshod over Padres starter James Shields on Tuesday afternoon, knocking him out after 2 2/3 innings. The right-hander surrendered 10 runs.

It didn’t get much better for the Padres from there. The Mariners would score twice more in the fourth and four times in the fifth to take a commanding 16-0 lead. The Padres clawed back for a trio of runs in the sixth and one more in the seventh, but the lead was essentially insurmountable.

Unsurprisingly, the Padres opted to use a position player to soak up at least one inning, so catcher Christian Bethancourt took the mound to begin the eighth. Bethancourt had trouble finding the strike zone, but he was consistently hitting the mid-90’s with his fastball, which was impressive. He sandwiched a pair of fly outs with a walk, but then he lost all semblance of control. He walked Norichika Aoki, then hit Seth Smith with a 59 MPH knuckleball. Yes, you read that right: a knuckleball.

Manager Andy Green relieved Bethancourt with infielder Alexi Amarista, and Bethancourt moved to second base. Amarista got Shawn O’Malley to ground out with the bases loaded to end the inning.

Though Bethancourt’s results weren’t the greatest, it was still fun to watch him pitch.

Dustin Ackley to undergo season-ending shoulder surgery

OAKLAND, CA - MAY 19:  Dustin Ackley #29 of the New York Yankees slides into third base safe against the Oakland Athletics in the top of the six inning at O.co Coliseum on May 19, 2016 in Oakland, California.  (Photo by Thearon W. Henderson/Getty Images)
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Yankees 1B/OF will undergo season-ending surgery to repair the torn labrum in his right shoulder, Mark Feinsand of the New York Daily News reports. He suffered the shoulder injury on a slide during Sunday’s game against the Rays.

Ackley was having a tough year to begin with, as he owns a .148/.243/.148 triple-slash line with four RBI in 70 plate appearances.

Ackley, 28, will enter his third and final year of arbitration eligibility after the season, which likely means the Yankees will non-tender him. He’s earning $3.2 million this season.

James Shields lasts only 2 2/3 innings, gives up 10 runs to the Mariners

SEATTLE, WA - MAY 31:  Starting pitcher James Shields #33 of the San Diego Padres pitches against the Seattle Mariners in the first inning at Safeco Field on May 31, 2016 in Seattle, Washington.  (Photo by Otto Greule Jr/Getty Images)
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James Shields has had better afternoons. The Padres’ starter couldn’t make it out of the third inning on Tuesday, ultimately serving up 10 runs on eight hits and four walks with one strikeout in 2 2/3 innings. The Mariners plated one run in the first inning, six in the second, and three in the third against Shields.

The runs came via, in order: a Kyle Seager RBI single, a bases loaded walk to Robinson Cano, a Nelson Cruz two-run single, a three-run Seager home run, and a three-run Seth Smith home run. Things continued to get worse once Shields left, as reliever Luis Perdomo gave up a two-run home run to Franklin Gutierrez in the fourth to make it 12-0. In the fifth, Smith homered again with the bases empty, and Adam Lind later drilled a three-run shot, pushing the score to 16-0.

The White Sox were reportedly discussing a trade involving Shields with the Padres as recently as Sunday. Shields entered Tuesday’s start with a 3.06 ERA and a 56/23 K/BB ratio in 64 2/3 innings. Presumably, a team wouldn’t let one start affect its interest in a player, but Shields’ outing certainly doesn’t help.