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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.

Jenrry Mejia: “It is not like they say. I am sure that I did not use anything.”

New York Mets' Jenrry Mejia reacts after getting the last out against the Milwaukee Brewers during the ninth inning of a baseball game Friday, July 25, 2014, in Milwaukee. The Mets won 3-2. (AP Photo/Jeffrey Phelps)
AP Photo/Jeffrey Phelps
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Mets reliever Jenrry Mejia was permanently suspended on Friday after testing positive for a third time for a performance-enhancing drug. The right-hander is maintaining his innocence, as ESPN’s Adam Rubin notes in quoting Dominican sports journalist Hector Gomez. Mejia said, “It is not like they say. I am sure that I did not use anything.”

Mejia has the opportunity to petition commissioner Rob Manfred in one year for reinstatement to Major League Baseball. However, he must sit out at least two years before becoming eligible to pitch in the majors again, which would mean Mejia would be 28 years old.

Over parts of five seasons, Mejia has a career 3.68 ERA with 162 strikeouts and 76 walks over 183 1/3 innings. He was once a top prospect in the Mets’ minor league system and a top-100 overall prospect heading into the 2010 and ’11 seasons.

Bryce Harper on potential $400 million contract: “Don’t sell me short.”

Bryce Harper
AP Photo/Nick Wass
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Nationals outfielder Bryce Harper is at least three years away from free agency, but people are already contemplating just how large a contract the phenom will be able to negotiate, especially after taking home the National League Most Valuable Player Award for his performance this past season.

When the likes of David Price and Zack Greinke are signing for over $200 million at the age of 30 or older, it stands to reason that Harper could draw more as a 26-year-old if he can maintain MVP-esque levels of production over the next several seasons. $400 million might not be enough for Harper, though, as MLB.com’s Jamal Collier reports. He said, “Don’t sell me short,” which is a fantastic response.

During the 2015 season, Harper led the majors with a .460 on-base percentage and a .649 slugging percentage while leading the National League with 42 home runs and 118 runs scored. He also knocked in 99 runs for good measure. Harper and Ted Williams are the only hitters in baseball history to put up an adjusted OPS of 195 or better (100 is average) at the age of 22 or younger.

Frankie Montas out 2-4 months after rib resection surgery

Chicago White Sox pitcher Frankie Montas throws against the Detroit Tigers in the first inning of a baseball game in Detroit, Wednesday, Sept. 23, 2015. (AP Photo/Paul Sancya)
AP Photo/Paul Sancya
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Per Eric Stephen of SB Nation’s True Blue LA, the Dodgers announced that pitching prospect Frankie Montas will be out two to four months after undergoing rib resection surgery to remove his right first rib.

The Dodgers acquired Montas from the White Sox in a three-team trade in December 2015 that also involved the Reds. The 22-year-old made his big league debut with the Pale Hose last season, allowing eight runs on 14 hits and nine walks with 20 strikeouts in 15 innings across two starts. Montas had spent the majority of his season at Double-A Birmingham, where he posted a 2.97 ERA with 108 strikeouts and 48 walks in 112 innings.

MLB.com rated Montas as the 95th-best prospect in baseball, slipping a few spots from last year’s pre-season ranking of 91.

Athletics acquire Khris Davis in trade with Brewers

Milwaukee Brewers' Khris Davis swings on a home run during the eighth inning of a baseball game against the San Diego Padres on Tuesday, July 23, 2013, in Milwaukee. (AP Photo/Morry Gash)
AP Photo/Morry Gash
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The Brewers’ rebuild continues, as the club announced on Twitter the trade of outfielder Khris Davis to the Athletics in exchange for catcher Jacob Nottingham and pitcher Bubba Derby. MLB.com’s Jane Lee reports that the A’s have designated pitcher Sean Nolin for assignment to create room on the 40-man roster for Davis.

Davis, 28, was the Brewers’ most valuable remaining trade chip. He blasted 27 home runs while hitting .247/.323/.505 in 440 plate appearances this past season in Milwaukee. Adding to his value, Davis won’t become eligible for arbitration until after the 2016 season and can’t become a free agent until after the 2019 season. In Oakland, Davis will give the Athletics more reliability as Coco Crisp was injured for most of last season and is now 36 years old. Though he doesn’t have much of a career platoon split, Davis split time in left field with the left-handed-hitting Gerardo Parra last season. It’s unclear if the A’s will utilize him in a platoon as well.

With Davis out of the picture, Domingo Santana is a leading candidate to start in left field for the Brewers, GM David Stearns said, per Tom Haudricourt of the Milwaukee Journal Sentinel.

Nottingham, 20, started the 2015 season in the Astros’ system but went to the Athletics in the Scott Kazmir deal. He hit an aggregate .316/.372/.505 at Single-A, showing plenty of promise early in his professional career. With catcher Jonathan Lucroy on his way out of Milwaukee, the Brewers are hoping Nottingham can be their next permanent backstop.

Derby, 21, made his professional debut last season after the Athletics drafted him in the sixth round. Across 37 1/3 innings, he yielded seven runs (five earned) on 24 hits and 10 walks with 47 strikeouts. He’s obviously a few years away from the majors, but the Brewers are looking for high upside.