MLB Commissioner Bud Selig speaks during a news conference in New York

Players don’t have to talk to MLB in the Biogenesis probe. Thank Fergie Jenkins for that

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I noted yesterday the uncertainty surrounding potential double discipline of Biogenesis players. How the Melky Cabrera precedent may make it hard for MLB to give an enhanced suspension for those perceived to be lying to investigators. I also pondered whether simply not talking to investigators might serve as the basis. Ken Rosenthal, however, reminds us today that baseball has historically been unable to discipline players for clamming up:

In September 1980, former commissioner Bowie Kuhn suspended Ferguson Jenkins for declining to cooperate with baseball’s investigation after the pitcher was charged with possession of cocaine, hashish and marijuana in Toronto. An arbitrator lifted the suspension, according to the Associated Press, saying that “the commissioner was compelling Jenkins to jeopardize his defense in court.” Braun and others, by failing to answer questions, simply asserted their “Jenkins” rights.

There are some differences here, of course. Jenkins actually had charges pending against him while none of the Biogenesis players do.  But if baseball’s past arbitrator respected the idea of protecting players from self-incrimination (and that was in a case in a foreign country, not subject to the Fifth Amendment) one would think that the precedent would demand continued respect of Fifth Amendment rights, even if Major League Baseball isn’t the government.  And the way the Fifth Amendment works, one need not have an actual criminal case pending. Merely the potential of one must exist.

While it’s unlikely that any of the Biogenesis players will be prosecuted, it is a possibility. And that possibility may be enough to prevent Major League Baseball from imposing any added discipline for player’s failure to cooperate. Between that, the fact that most of these guys are facing a first offense, not a second, and given that the lying precedent is complicated by the Melky Precedent, how again is MLB supposed to suspend anyone for 100 games?

Cardinals snap Familia’s saves streak, rally past Mets 5-4

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NEW YORK — Yadier Molina and pinch-hitter Kolten Wong each stroked an RBI double in the ninth inning, and the St. Louis Cardinals ended Jeurys Familia‘s streak of 52 straight saves in rallying past the New York Mets 5-4 on Wednesday night.

Yoenis Cespedes hit a go-ahead homer off Adam Wainwright to cap a three-run comeback in the seventh that gave the Mets a 4-3 lead. But then Familia, who hadn’t blown a regular-season save opportunity since July 30 last year, finally faltered.

Jedd Gyorko drew a one-out walk in the ninth and was replaced by pinch-runner Randal Grichuk. Molina hit the next pitch to deep center field, and Grichuk scored standing up to tie it.

Molina was thrown out at third by Familia (2-2) on pinch-hitter Jeremy Hazelbaker’s comebacker, but Hazelbaker stole second and scored when Wong lined a double just inside the left-field line.

Familia’s franchise-record saves streak was the third-longest in major league history behind Tom Gordon (54) and Eric Gagne (84).

Jonathan Broxton (3-2) tossed a scoreless eighth and Seung Hwan Oh got three quick outs for his sixth save.

Including a split of Tuesday’s doubleheader, St. Louis took two of three from the Mets in a matchup of NL wild-card contenders. It was only the second time in the past decade that the Cardinals have won a road series against the Mets.

Logan Verrett pitched seven efficient innings and slumping Neil Walker went 3 for 3 with a base on balls for the third-place Mets, who have alternated wins and losses in their last 13 games. They dropped 5 1/2 games behind NL East-leading Washington.

New York did manage to keep Gyorko and the rest of St. Louis’ hitters in the ballpark after the Cardinals had homered in 17 consecutive games – their longest streak since a club-record run of 19 games in 2006.

Gyorko went deep in both ends of Tuesday’s doubleheader, giving him seven homers in nine games.

Matt Holliday hit a two-run double off Verrett with two outs in the third, and Matt Adams followed with an RBI double that made it 3-1.

Wainwright, who entered 3-0 with a 0.93 ERA in July, nursed that lead until the seventh – repeatedly pitching out of trouble. He nearly did so again after striking out Curtis Granderson and Asdrubal Cabrera with runners at the corners.

But then Travis d'Arnaud scored on a wild pitch and Cespedes socked a two-run homer off the facing of the second deck in left-center on the 117th and final pitch from the 34-year-old Wainwright.

 

 

Report: Mariners have interest in Reds’ Jay Bruce

ATLANTA, GA - JUNE 14:  Jay Bruce #32 of the Cincinnati Reds waits to bat prior to hitting a three-run homer in the first inning against the Atlanta Braves at Turner Field on June 14, 2016 in Atlanta, Georgia.  (Photo by Kevin C. Cox/Getty Images)
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ESPN’s Jerry Crasnick reports that the Mariners are among the teams that have contacted the Reds about outfielder Jay Bruce. The Mariners enter play Wednesday 51-48, six games out of first place in the AL West and 4.5 games out of the second AL Wild Card slot. Adding an impact bat like Bruce could help in their effort to reach the postseason.

Norichika Aoki and Seth Smith have handled the bulk of the playing time in left field. While Smith has hit well, Aoki has not. Bruce came into Wednesday’s game against the Giants batting .271/.324/.567 with 24 home runs and a league-best 78 RBI.

Bruce can become a free agent after the season if his controlling team declines his $13 million club option for the 2017 season by paying him a $1 million buyout. If he’s traded mid-season, his new team won’t be able to make him a qualifying offer, so the club option may be more enticing than it looks at first glance.