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.

Drew Pomeranz does not need arm surgery

BOSTON, MA - OCTOBER 10:  Drew Pomeranz #31 of the Boston Red Sox throws a pitch in the fifth inning against the Cleveland Indians during game three of the American League Divison Series at Fenway Park on October 10, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Red Sox lefty Drew Pomeranz was of limited utility during the postseason as he began experiencing soreness in his left forearm near the end of the 2016 season. There was some thought that he might need offseason surgery but Pomeranz was examined by doctors who determined that he does not need any surgery, Evan Drellich of the Boston Herald reports. President of baseball operations Dave Dombrowski said:

He has seen the doctor, the doctor looked at him. I can’t really disclose totally everything that was done, but the doctor said no surgical procedure and the doctor feels he will be ready for next spring training for us.

Pomeranz, 27, finished the 2016 regular season with an aggregate 3.32 ERA and a 186/65 K/BB ratio in 170 2/3 innings between the Padres and Red Sox. He operated out of the bullpen during the playoffs, allowing two runs on four hits and two walks with seven strikeouts over 3 2/3 innings.

The Red Sox acquired Pomeranz in a trade with the Padres in July. It was a trade that earned Padres GM A.J. Preller a 30-day suspension from Major League Baseball, as he reportedly kept two sets of medical records in order to deceive trade partners.

Pirates promote Joey Cora to third base coach

KANSAS CITY, MO - APRIL 7:  Third Base Coach Joey Cora #28 of the Chicago White Sox looks on during the game against the Kansas City Royals at Kauffman Stadium on April 7, 2004 in Kansas City, Missouri. The White Sox won 4-3.  (Photo by Dave Kaup/Getty Images)
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After managing the Pirates’ Double-A affiliate to a 76-64 record this past season, the organization has promoted Joey Cora to third base coach for the major league club, Cory Giger of the Altoona Mirror reports. The Pirates fired previous third base coach Rick Sofield over the weekend.

Cora, 51, has plenty of coaching experience since retiring as a player in 1998. In the majors, he coached for the White Sox from 2004-11 and for the Marlins in 2012.

Cora briefly served as interim manager for the Marlins in 2012 when Ozzie Guillen was suspended, but has otherwise not been given a managerial position yet. He interviewed with the Brewers after the 2010 season and was a finalist but the organization ultimately chose Ron Roenicke. It’s easy to see Cora being a manager in the very near future, however.