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?

The Cards dealt Stephen Piscotty to the A’s, in part, so he could be near his ailing mother

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Last night we wrote about the rumored deal between the Cardinals and the Athletics for Stephen Piscotty. The deal is now official, with Piscotty going to Oakland for minor leaguers Yairo Munoz and Max Schrock.

Something else emerged about the deal today: a big reason why St. Louis traded Piscotty to Oakland as opposed to another team was so that he could be near his mother, who was diagnosed with Lou Gehrig’s disease last May. Piscotty and his family are from Pleasanton, California, about 35 miles from Oakland.

Here’s Cardinals GM John Mozeliak:

This was certainly a baseball trade — Piscotty became expendable for the Cardinals after they acquired Marcell Ozuna yesterday — but it was one which could’ve been made with any team with a couple of red or white chip prospects. That Mozeliak considered Piscotty’s personal situation in making the deal with the A’s is a credit to him and his staff.

The 26-year-old Piscotty hit .235 with nine homers and 39 RBIs in 107 games last season. He has hit .268 with 38 homers and 163 RBIs in 2+ major league seasons. He agreed to a six-year, $33.5 million contract extension last spring.

As for the prospects in return: Munoz, 22, hit .300 with 13 homers and 68 RBIs this year for Double-A Midland and Triple-A Nashville. Schrock, 23, batted .321 with seven homers and 46 RBIs for Midland, and was a Texas League All-Star.