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.

Mike Matheny tried to have his own son picked off at first base

PHOENIX, AZ - AUGUST 26: Manager Mike Matheny #26 of the St Louis Cardinals looks on from the dugout during the first inning of a MLB game against the Arizona Diamondbacks at Chase Field on August 26, 2015 in Phoenix, Arizona. The Cardinals defeated the Diamondbacks 3-1. (Photo by Ralph Freso/Getty Images)
Ralph Freso/Getty Images
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Cardinals manager Mike Matheny has a son, Tate, who was selected by the Red Sox in the fourth round of the 2015 draft out of Missouri State University. Tate, an outfielder, spent the 2015 season with Low-A Lowell and last year played at Single-A Greenville.

Now in spring camp with the Red Sox, Tate is trying to continue his ascent through the minor league system. On Monday afternoon in a game against his father’s Cardinals, Tate pinch-ran after Xander Bogaerts singled to center field to lead off the bottom of the fifth inning. Mike wasn’t about to let his son catch any breaks. Via Derrick Goold of the St. Louis Post-Dispatch:

That’s right: Mike tried to have his own son picked off at first base. That’s just cold, man.

Tate was erased shortly thereafter when Mookie Betts grounded into a 6-4-3 double play. Tate got his first at-bat in the seventh and struck out.

Do we really need metal detectors at spring training facilities?

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Craig Calcaterra
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MESA, AZ — Over the past couple of seasons we’ve, more or less, gotten used to the sight of metal detectors at major league ballparks. And the sight of long lines outside of them, requiring us to get to the park a bit earlier or else risk missing some of the early inning action.

Like so much else over the past fifteen and a half years, we’re given assurances by people in charge that it’s for “security,” and we alter our lives and habits accordingly. This despite the fact that security experts have argued that it’s a mostly useless and empty exercise in security theater. More broadly, they’ve correctly noted that it’s a cynical and defeatist solution in search of a problem. But hey, welcome to 21st Century America.

And welcome metal detectors to spring training:

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Beginning this year, Major League Baseball is mandating that all spring training facilities use some form of metal detection, be it walkthrough detectors like the ones shown here at the Giants’ park in Scottsdale or wands like the one being used on the nice old lady above at the Cubs facility in Mesa.

I asked Major League Baseball why they are requiring them in Florida and Arizona. They said that the program was not implemented in response to any specific incident or threat at a baseball game, but are “precautionary measures.” They say that metal detection “has not posed significant inconvenience or taken away from the ballpark experience” since being required at big league parks in 2015 and believe it will work the same way at the spring training parks.They caution fans, however, that, as the program gets underway, they should allow for more time for entry.

And that certainly makes sense:

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I took this photo a few minutes after the home plate gate opened at Sloan Park yesterday afternoon. As I noted this morning, the Cubs sell out every game in their 15,000-seat park. That’s a lot of wanding and, as a result, it could lead to a lot of waiting.

But the crowds here all seemed to get through the line pretty quickly. Perhaps because the wanding is not exactly a time-consuming affair:

Not every security guard was as, well, efficient as this guy. But hardly anyone walking through the gate was given a particularly thorough go-over. I saw several hundred people go through the procedure soon after the gates opened and most of them weren’t scanned bellow the level of their hip pockets. I went back a little closer to game time when most people were already in the park and the lines were shorter. The procedure was a bit more deliberate then, though not dramatically so. This is all new for the security people too — spring training just started — and it’s fair to say that they are trying hard to balance the needs of their new precautionary measures against the need to keep the lines moving and the fans happy.

On this day at least it seemed that fan happiness was winning. I spoke with several fans after they got through the gates and none of them offered much in the way of complaint about being wanded. The clear consensus: it’s just what we do now. We have metal detectors and cameras at schools and places of work and security procedures have been ratcheted up dramatically across the board. That we now have them at ballparks is not surprising to anyone, really. It’s just not a thing anyone thinks to question.

And so they don’t.