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: Nelson Cruz hits second-longest home run of 2016

ANAHEIM, CA - SEPTEMBER 14:  Nelson Cruz #23 of the Seattle Mariners celebrates his solo homerun with Daniel Vogelbach #20 of the Seattle Mariners to take a 2-1 lead over the Los Angeles Angels of Anaheim during the seventh inning at Angel Stadium of Anaheim on September 14, 2016 in Anaheim, California.  (Photo by Harry How/Getty Images)
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There’s certainly never a bad time to hit a home run, but when you get the opportunity to crush a triple-deck, 493-foot shot off of Tyler Duffey, you should take it. With the Mariners down 2-0 to the Twins in the fourth inning, Cruz hammered a fastball to deep left field for his 39th long ball of the season — and the second-longest home run hit in 2016, to boot.

It doesn’t hurt that the Mariners are 1.5 games back of a playoff spot, although they’ll have to oust the Blue Jays, Orioles, or Tigers to get a wild card. They’ve gone 3-3 in the last week, dropping two consecutive series to the Astros and Blue Jays and taking their series opener against Minnesota 10-1 on Friday night.

Cruz, for his part, entered Saturday’s game with a .299/.337/.610 batting line and six home runs in September. According to ESPN.com’s Home Run Tracker, Cruz sits behind Edwin Encarnacion and Mike Napoli with 13 “no-doubt” home runs in 2016, third-most among major league sluggers. It’s safe to say he can add Saturday’s moonshot to that list.

Marlins’ outfielder and undisputed home run king Giancarlo Stanton remains untouched at the top of the Statcast leaderboard with a 504-ft. home run, and it’s difficult to envision any slugger reaching beyond that before the end of the season. Even so, Cruz won’t need to clear 500 feet to extend an impressive hitting record. One more home run will put the 36-year-old at 40 on the year, making 2016 his third consecutive season with at least 40 homers, and his second such season doing so in Seattle.

Report: John Farrell won’t rule out a postseason return for Pablo Sandoval

BOSTON, MASSACHUSETTS - APRIL 11:  Pablo Sandoval #48 of the Boston Red Sox looks on from the dugout before the Red Sox home opener against the Baltimore Orioles at Fenway Park on April 11, 2016 in Boston, Massachusetts. The Orioles defeat the Red Sox 9-7.  (Photo by Maddie Meyer/Getty Images)
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It’s been a strange season for Red Sox’ third baseman Pablo Sandoval, who lost his starting role in spring training, went 0-for-6 in three regular season appearances, and underwent season-ending surgery to repair a torn labrum in his left shoulder in May. That was the last the Red Sox were supposed to hear about Sandoval until spring 2017, when he was expected to rejoin the team after a lengthy rehab stint in Florida.

On Saturday, manager John Farrell was telling a different story. Per MLB.com’s Sam Blum, Farrell hinted that Sandoval could return to the team as soon as October, albeit in a very limited capacity.

At the time of the surgery, it was all looking at the start of next Spring Training,” Farrell said. “We’re not getting too far ahead of ourselves here, but at the same time, we compliment him for the work he’s put in, the way he’s responded to the rehab, the way he’s worked himself into better condition. We’re staying open-minded.

If the 30-year-old does return in 2016, don’t expect him to look like the three-home run hitter of the 2012 World Series. Should the Red Sox lose another player to injury, Sandoval might be called on as a backup option, but he’s unlikely to see substantial playing time under any other circumstances. Despite making two appearances at DH in the instructional league, Sandoval has not started at third base since undergoing surgery, though Farrell noted that a return to third base would be the next logical step in his recovery process.

Sandoval has yet to hit his stride within the Red Sox’ organization after hitting career-worst numbers in 2015. According to FanGraphs, his Offensive Runs Above Average (Off) plummeted to -20.2, contributing approximately two wins fewer than the average offensive player in 2015. (The Diamondbacks’ Chris Owings held the lowest Off mark in 2015, with -26.3 runs below average.) Sandoval has not appeared in a postseason race since the Giants’ championship run in 2014.

Heading into Saturday evening, the Red Sox could clinch their spot in the postseason with a win over the Rays and an Orioles’ loss.