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.

Video: Yoenis Cespedes’ bat flip was well-earned, well-executed

NEW YORK, NY - AUGUST 29: Yoenis Cespedes #52 of the New York Mets flips his bat after hitting a walk off home run in the tenth inning to defeat the Miami Marlins 2-1 in a game at Citi Field on August 29, 2016 in the Flushing neighborhood of the Queens borough of New York City. (Photo by Rich Schultz/Getty Images)
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We mentioned this in the recaps this morning but Yoenis Cespedes deserves a post of his own.

He deserves it for his walkoff homer in the tenth inning of last night’s game against the Marlins. He deserves it for the fact that he’s hit five homers and has driven in nine runs in his last ten games while raising his batting average ten points. And, most of all, he deserves it for the magnificent bat flip after watching the ball fly:

Here’s the whole play from MLB.com:

Tim Tebow already offered a winter league contract

ARLINGTON, TX - DECEMBER 31:  Broadcaster Tim Tebow of the SEC Network speaks on air before the Goodyear Cotton Bowl at AT&T Stadium on December 31, 2015 in Arlington, Texas.  (Photo by Scott Halleran/Getty Images)
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Today Tim Tebow will work out for 15-20 major league scouts. But even if they all pass on him, he has a job lined up. Jeff Passan reports that Tebow has already been offered a contract for the Venezuelan winter league.

The club offering is Aguilas del Zulia, a five-time champion of the Venezuelan Professional Baseball League and two-time Caribbean Series winner. Passan says that they sent a contract to Tebow’s agents. He says that Tebow is interested in playing winter ball.

Winter ball is an interesting beast in that, unlike indy ball it’s not about the gimmicks and unlike the minor leagues it’s not about player development. While big league clubs often send prospects there to get seasoning, the Venezuelan and Dominican clubs want to win and routinely cut even established professional players in mid-season if they’re not pulling their weight.

Which could be interesting for Tebow, given his lack of experience and the fact that he would, by necessity, have to learn on the job.