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.

Must-Click Link: “Skunk in the Outfield”

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Sam Miller of ESPN has an amazingly fantastic story today. It’s about a high school tournament baseball game in Rhode Island in 2006. It’s not your typical game story or oral history or look-to-the-past-to-see-the-future kind of thing. The only nod to such conventionality is mention of the fact that former Red Sox prospect Ryan Westmoreland played in the game. That’s mostly a footnote.

No, the article is about a trick play — “skunk in the outfield” — concocted by one of the coaches. About how it played out and what went into it before, during and after it happened. Along the way Miller talks about the nature of trick plays and offers a good three dozen amazing insights into the psychology of young baseball players and the strategy of baseball as it unfolds in real time.

Each of these observations could anchor its own story but here they form a grand mosaic. And that’s only mild hyperbole, if in fact it’s hyperbole at all. Indeed, most treatments of such a play would be some video clip with a “wow, look what happened here!” sort of couching. Miller gives a more than ten-year-old trick play an epic treatment that is every bit as enlightening as it is entertaining.

Set some time aside to read this today.

Rubby De La Rosa to undergo a second Tommy John Surgery

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This is unfortunate: Diamondbacks reliever Rubby De La Rosa will undergo Tommy John surgery. This will be the second Tommy John procedure of his career, the first coming back in 2011.

De La Rosa has had elbow  issues for his entire career. Last year his UCL was barking again and he underwent stem cell therapy to try to avoid a second surgery, but it obviously hasn’t worked out. He’s pitched in only nine games this year, allowing four earned runs in seven and two-thirds innings, striking out 12.

I first saw De La Rosa in spring training in 2011. I thought his stuff was pretty phenomenal and figured he’d be a good one. Great stuff is often a function of heavy strain on an elbow, however, and pitchers breaking is, unfortunately, the rule in baseball far more than the exception.

He’ll miss a year at least. We likely won’t see him until spring of 2019, most likely on a minor league deal.