Mike Lupica continues to show his legal expertise


Today Mike Lupica writes about the A-Rod appeal. As my post from this morning suggests, I’m actually with him regarding how much of a clown show the protests outside of the arbitration have become. But of course Lupica can’t make one decent point and get off it. He has to use it as a new excuse to go after Rodriguez because that’s just what he does.

Except he does it in the dumbest ways possible.  Today he makes two arguments in furtherance of his “A-Rod is an awful monster” campaign. First, if A-Rod is so wronged, why has he not got on a witness stand and proclaimed his innocence?

Through it all, you keep waiting for Alex Rodriguez to be the one to tell you that the case against him is unjust and unfair, that he is an innocent man. Only he never says that, not even to the media, as if he’s under oath. He never says that, his handlers never say it, at least on the record. He just says he will tell his story at the appropriate time.

And you wonder what could possibly be a more appropriate time than at his own arbitration hearing!

You wonder why Alex Rodriguez doesn’t testify on his own behalf the absolute first chance he gets, proclaim his innocence so loudly that they can hear him downstairs on the street between the police barricades.

Any smart observer of this knows the answer to that: A-Rod’s defense is not one of innocence. It’s one of proportionality of punishment. That his suspension is too long compared to other similarly-situated offenders. And more than merely misrepresenting the defense in an effort to make A-Rod seem more disingenuous than he is, he misrepresents how the the arbitration works.  It does not require the player’s testimony. And no one with half a brain would go tell the media — which is what Lupica clearly wants — all about his case while it’s still pending either.

The second argument: if A-Rod has nothing to hide, why is his grand jury testimony from the Anthony Galea case still private, hmm?

You wonder about something else in this case, wonder if Rodriguez is so falsely accused, and such a victim of an MLB investigation his lawyers are flop-sweat desperate to put on trial, why did those same lawyers fight so hard in Buffalo to keep Rodriguez’s grand jury testimony in the federal case against Dr. Anthony Galea, Alex Rodriguez’s old doctor, the patron saint of human grown hormone, sealed from now until the end of time?

If there isn’t anything in Rodriguez’s grand jury testimony about his use of banned substances, if there isn’t anything in there that can hurt the guy, why are his lawyers so scared about it?

Let’s set aside the fact that A-Rod’s current legal team is not comprised of “those same lawyers” who represented him when he gave grand jury testimony in Buffalo. A-Rod hired Joe Tacopina and a different legal team since then, so here Lupica is smearing the wrong folks.

Instead, let’s focus on the fact that no lawyers are “fighting so hard” to keep A-Rod’s grand jury testimony sealed.  Grand jury testimony is sealed as a matter of course pursuant to federal law. The witness can say what he said in front of a grand jury but no one else privy to it can release it. If they do, they can go to jail. Some folks may be fighting so hard to unseal it, but it’s supposed to remain sealed. That’s how the law works.

But of course if you’re Lupica there’s no sense in understanding how grand juries work. To do so would prevent a great opportunity for grandstanding.

Red Sox sports medicine director says David Ortiz “was essentially playing on stumps”

BOSTON, MA - OCTOBER 1: David Ortiz #34 of the Boston Red Sox tips his helmet to the crowd as he exits the game after he singled during the fifth inning against the Toronto Blue Jays at Fenway Park on October 1, 2016 in Boston, Massachusetts. (Photo by Rich Gagnon/Getty Images)
Getty Images
Leave a comment

David Ortiz had a whale of a final season with the Red Sox. It was so good that he was asked, many, many times, if he was thinking of reversing his retirement decision and coming back for 2017. Ortiz always said no, he was still retiring, occasionally making mention of his aching feet and the physical grind his 40-year-old body was undergoing.

We now know just how much of a grind it was. Indeed, it was extreme. We know this because Dan Dyrek, the Red Sox’ coordinator of sports medicine services, tells it to Rob Bradford of WEEI. Dyrek says that the injuries to Ortiz’s feet, which were often referred to as achilles tendon problems, were way, way more complicated than that, affecting every muscle, bone and tendon in his feet in chain reaction fashion. Dyrek:

“He was essentially playing on stumps. Instead of having this nice, flexible, foot, ankle, calf mechanism to act as a shock absorber, he was playing on stumps. And you can do that for only so long. He was in warrior mode trying to play through this. Once we diagnosed him and saw what was going on and started explaining things to him, there was actually a sense of relief because now he had an explanation of what he was in such excruciating pain.”

That Ortiz was able to even walk through what Dyrek describes is pretty amazing. That he was able to put up a near-MVP season with all of that pain is incredible.

Charlie Sheen would like to throw out the first pitch at a World Series game

NEW YORK, NY - JUNE 21:  Actor Charlie Sheen attends Meghan Trainor's performance on NBC's "Today" at Rockefeller Plaza on June 21, 2016 in New York City.  (Photo by Mike Coppola/Getty Images)
Getty Images

For all of the ups and downs of his personal and professional life, Charlie Sheen is and always has been a passionate baseball fan. Sheen once bought out an entire section of bleachers for an Angels game so he could catch a home run ball (he didn’t catch a home run ball). He starred in “Eight Men Out” and, more notably, “Major League.” That latter film earned him the love and admiration of Indians fans which lasts to this day.

Indeed, the love continues to be so great that, right after the Indians clinched the American League pennant, they began lobbying for Sheen to throw out the first pitch of a World Series game in Cleveland.  Yesterday afternoon Sheen took to Twitter, posted a pic of his baseball alter ego, and said that, if called upon, he would serve:

While it’s a big broad comedy, the scene in “Major League” in which Sheen comes out of the bullpen to “Wild Thing” blaring and the fans going nuts is legitimately chill-inducing. The fans at Progressive Field are already going to be amped up for the World Series as it is, but imagine how nuts the place would be if they recreated that scene.

Do it, Indians!

UPDATE: Wait, on reflection, don’t do it, Indians. Sheen is sort of a Trumpian figure in that his high profile craziness often causes us to momentarily forget his legitimate badness. We don’t need a guy like that tossing out the first pitch at the World Series.