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?
Blue Jays reliever Brett Cecil has had a rough start to the 2016 season. The lefty leads the majors in losses with five. With that, he carries an ugly 5.59 ERA in 9 2/3 innings. Cecil entered the season with a rather lengthy consecutive scoreless innings streak, but Jays fans seem to have short memories as the home crowd has directed boos at Cecil.
TSN’s Scott MacArthur caught up with Cecil about the booing.
Struggling early isn’t anything new to Cecil. He rode a 5.96 ERA through June 21 last year, the final time in 2015 he would yield earned runs. From his next appearance on June 24 through the end of the regular season, he posted a 44/4 K/BB ratio over 31 2/3 innings. It would behoove Jays fans to show some more patience with the lefty as Cecil could easily turn things around as he did last season.
Diamondbacks right fielder Brandon Drury made a fantastic catch in foul territory to retire Martin Prado in the bottom of the fifth inning of Wednesday’s game in Miami. The ball was hit to shallow right field and Drury reached over the low wall before toppling over.
A fan standing nearby figured it’s the perfect time for a selfie. He stood in front of Drury while the ballplayer picked himself up off the concrete. The fan swung his phone around waggled a peace sign in front of the camera and snapped a photo.
“Selfie culture” is too often assailed by people who long ago fell out of touch. This fan, however, showed no concern for Drury’s well-being and was focused only on getting the selfie. Drury, for all this fan knew, could’ve broken a bone or suffered a concussion. Not cool.
Marlins slugger Giancarlo Stanton really likes May 4. May the fourth is “Star Wars Day” for the obvious, punny reason.
While he was doing his normal workouts, Stanton donned a Chewbacca mask, then dodged imaginary lasers and fired back at his imaginary enemies. Who knew Chewy was so buff?
Pirates center fielder Andrew McCutchen had trouble coming up with an Anthony Rizzo line drive in the top of the third inning. The ball seemed to curve at the last minute, clanking off of McCutchen’s glove, setting up first and third with two outs for the Cubs. McCutchen was sacked with an error. Ben Zobrist then cranked out a three-run home run off of starter Juan Nicasio to put the Cubs up 3-0.
Per Rob Biertempfel of the Pittsburgh Tribune-Review, McCutchen said after the game, “Whoever scored that an error should be fired. That’s unbelievable. I did everything I could to catch it.”
Here’s the video. Rule 9.12(a) in baseball’s official rules states:
(a) The official scorer shall charge an error against any fielder:
(1) whose misplay (fumble, muff or wild throw) prolongs the time at bat of a batter, prolongs the presence on the bases of a runner or permits a runner to advance one or more bases
Pretty cut and dried stuff here. It was an error.