Roger Clemens’ legal strategy: claim that Brian McNamee framed him

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This may be something Clemens and his attorney, Rusty Hardin, floated some time ago. But the case, in one form or another, has been going on for over four years now, and I sort of lose track of these things.

In any event, during opening statements this morning, Hardin explained what his story is going to be about how Roger Clemens’ DNA got mixed up with all of those delicious steroids on the syringe that Brian McNamee kept in a used soda can for years:

Roger Clemens’ defense lawyer tells jurors that evidence purportedly showing the pitcher used steroids was manipulated by his former strength coach, Brian McNamee.

Rusty Hardin said in his opening statement Tuesday at Clemens’ perjury trial that evidence collected by McNamee was a “mixed up hodgepodge of garbage.”

Hardin says his team will contend that McNamee mixed steroids with Clemens’ DNA into a needle to frame the star pitcher. Hardin said that McNamee had used the needle to inject Clemens with vitamin B-12.

Hardin is playing defense, of course, so he doesn’t have to prove that McNamee doctored the evidence. He just has to introduce the possibility to jurors and have them believe that it is at least reasonable.  And given that McNamee has some pretty serious credibility problems, it shouldn’t be as hard to spin this tale with him as it might be with a different witness.

Still: one of the first things they teach you as a trial lawyer is that if you promise big in an opening statement, you had better deliver or else the jury won’t believe anything else you say.  So Hardin had better beat the living hell out of McNamee at trial, or else his opening statement is going to look like nothing but empty promises and baloney.

MLB Network airs segment listing “good” and “bad” $100 million-plus contracts

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On Wednesday evening, Charlie Marlow of KTVI FOX 2 News St. Louis posted a couple of screencaps from a segment MLB Network aired about $100 million-plus contracts that have been signed. The list of “bad” contracts, unsurprisingly, is lengthier than the list of “good” contracts.

As Mike Gianella of Baseball Prospectus pointed out, it is problematic for a network owned by Major League Baseball to air a segment criticizing its employees for making too much seemingly unearned money. There’s a very clear conflict of interest, so one is certainly not getting a fair view of the situation. MLB, of course, can do what it wants with its network, but it can also be criticized. MLB Network would never air a similar segment in which it listed baseball’s “good” and “bad” owners and how much money they’ve undeservedly taken. Nor would MLB Network ever run a segment naming the hundreds of players who are not yet eligible for arbitration whose salaries are decided for them by their teams, often making the major league minimum ($545,000) or just above it. Similarly, MLB Network would also never think of airing a segment in which the pay of minor league players, many of whom make under $10,000 annually, is highlighted.

We’re now past the halfway point in January and many free agents still remain unsigned. It’s unprecedented. A few weeks ago, I looked just at the last handful of years and found that, typically, six or seven of the top 10 free agents signed by the new year. We’re still at two of 10 — same as a few weeks ago — and that’s only if you consider Carlos Santana a top-10 free agent, which is debatable. It’s a complex issue, but part of it certainly is the ubiquity of analytics in front offices, creating homogeneity in thinking. A consequence of that is everyone now being aware that big free agent contracts haven’t panned out well; it’s a topic of conversation that everyone can have and understand now. Back in 2010, I upset a lot of people by suggesting that Ryan Howard’s five-year, $125 million contract with the Phillies wouldn’t pan out well. Those people mostly cited home runs and RBI and got mad when I cited WAR and wOBA and defensive metrics. Now, many of those same people are wary of signing free agent first baseman Eric Hosmer and they now cite WAR, wOBA, and the various defensive metrics.

The public’s hyper-sensitivity to the viability of long-term free agent contracts — thanks in part to segments like the aforementioned — is a really bad trend if you’re a player, agent, or just care about labor in general. The tables have become very much tilted in favor of ownership over labor over the last decade and a half. Nathaniel Grow of FanGraphs pointed out in March 2015 that the players’ share of total league revenues peaked in 2002 at 56 percent, but declined all the way to 38 percent in 2014. The current trend of teams signing their talented players to long-term contract extensions before or during their years of arbitration eligibility — before they have real leverage — as well as teams abstaining from signing free agents will only serve to send that percentage further down.

Craig has written at great length about the rather serious problem the MLBPA has on its hands. Solving this problem won’t be easy and may require the threat of a strike, or actually striking. As Craig mentioned, that would mean getting the players all on the same page on this issue, which would require some work. MLB hasn’t dealt with a strike since 1994 and it’s believed that it caused a serious decline in interest among fans, so it’s certainly something that would get the owners’ attention. The MLBPA may also need to consider replacing union head Tony Clark with someone with a serious labor background. Among the issues the union could focus on during negotiations for the next collective bargaining agreement: abolishing the draft and getting rid of the arbitration system. One thing is for sure: the players are not in a good spot now, especially when the league has its own network on which it propagandizes against them.