Tony Bosch may not be well advised to testify in Biogenesis appeals

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This morning I linked a story about the feds taking an interest in Biogenesis and investigating whether or not it sold drugs to high schoolers and things.  The Daily News has a more thorough story about it here.

I hadn’t thought of this before — my lawyer skills are atrophied, it seems — but a friend of mine just pointed out that this set of circumstances could possibly present a problem for Major League Baseball.

The problem: as a target of a federal investigation, Bosch would be well-advised to clam the heck up. If he testifies or speaks anywhere, his comments will be used against him in any subsequent criminal proceedings. That includes if he speaks at, say, an arbitration following a ballplayer’s appeal of a Major League Baseball suspension. If Bosch has a good lawyer, that lawyer is telling him NOT to go on the record anyplace if he fears federal prosecution. Especially given that his testimony at an MLB arbitration would be all about how he sold drugs to people.

Now, this doesn’t necessarily create a huge problem. For one thing, Bosch’s former employee, Porter Fischer is both cooperating with the feds and Major League Baseball. It could very well be that baseball is relying way more on him than Bosch and that his testimony would be sufficient. It’s also possible that Bosch himself is under no illusions that he’s going to escape federal pain and could very well make a deal with the feds in time to help baseball if they need his testimony to sustain player discipline.

But it is an interesting wrinkle. One that, if you were a lawyer for a player trying to decide whether or not to appeal Biogenesis discipline, could certainly impact your thinking on the matter.

J.D. Martinez tells teams he prefers an outfield role

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Free agent outfielder/slugger J.D. Martinez is reportedly seeking an outfield gig, says Michael Silverman of the Boston Herald. According to Silverman’s sources, Martinez’s suitors have been informed that the veteran slugger would give preference to teams that can offer a corner outfield spot, rather than a DH-only role.

That could spell trouble for the Red Sox, who appear to be Martinez’s biggest suitors so far this offseason. Outfielders Mookie Betts and Andrew Benintendi are firmly established at the corners, and prior reports from club president Dave Dombrowski suggest that center fielder Jackie Bradley Jr. is not going anywhere anytime soon (thereby eliminating the possibility of reshuffling the outfield). The DH spot is still wide open for Martinez, who doesn’t seem to be totally closed off to the idea, but any full-time or part-time role on the field is likely off the table at this point.

Of course, the Red Sox aren’t the only ones pursuing Martinez’s services this winter. The 30-year-old slugger has been linked to both the Diamondbacks and Giants in weeks past, and while they have the roster flexibility to accommodate his preferences, they’ll need to clear another massive hurdle: the seven-year, $250 million contract he’s said to be seeking. Both clubs will need to get creative to make such a deal work. The Diamondbacks are rumored to be shopping right-hander Zack Greinke in an attempt to free up some room on their payroll for Martinez, while the Giants appear more inclined to scour the trade market for outfield help than shell out cash for another hefty contract in free agency.