Lupica

Mike Lupica continues to show his legal expertise

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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.

Marlins 2B Dee Gordon suspended 80 games for PEDs

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LOS ANGELES — Dee Gordon has been suspended 80 games by Major League Baseball after the Miami Marlins second baseman tested positive for a performance-enhancing drug.

Gordon tested positive for exogenous Testosterone and Clostebol, MLB said in a release after the Marlins’ 5-3 victory over the Los Angeles Dodgers on Thursday night.

The fleet-footed Gordon won the National League batting title by hitting .333 last season and signed a $50 million, 5-year deal with Miami in January. He’s made two All-Star teams in his six seasons and won the Gold Glove and Silver Slugger awards at second base last year.

Gordon, the son of former major league pitcher Tom Gordon, had a key hit in Miami’s win over the Dodgers on Thursday. He’s batting .266 with six stolen bases this season.

Dee Gordon is a very important part of our team, and we all love him and support him,” Marlins president David Samson said. “That said, I don’t like or condone what he did. He is an important member of this organization and will be for many years to come. It’s a huge, huge disappointment to the kids, to our fans, to his teammates and to everyone in our organization every single day.

“He will be back 80 games from now, and he will be welcomed back to this organization. But in the interim period, we expect him, and we are positive that he will do everything that’s necessary to make it up to his fans, to his teammates and to this organization.”

Devon Travis will start taking at-bats in extended spring training

Toronto Blue Jays second baseman Devon Travis hits a RBI double to center field against the Tampa Bay Rays during third inning of a baseball game, Wednesday, April 15, 2015 in Toronto. (Nathan Denette/The Canadian Press via AP)  MANDATORY CREDIT
Nathan Denette/The Canadian Press via AP
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Blue Jays second baseman Devon Travis underwent left shoulder surgery last September. MLB.com’s Gregor Chisholm caught up with Jays head athletic trainer George Poulis for updates on several injured players, including Travis. Here’s what Poulis had to say about Travis:

“He’s going to get some live at-bats with the extended team down in Florida on Friday. Big step for him, he’s very excited, he’s doing great, and we’re very optimistic, but no timeline right now on his return. We’re just going day by day, step by step.

“When you have something like that, it continues to heal even when you’re playing. We’re just trying to acclimate him and condition him to withstand all of the stress that he’s going to put on his shoulder … He won’t play in the field right now. We’ll mix that in, as well, but right now he’s just going to get some at-bats.”

The key phrase, of course, is “no timetable”. The second baseman’s rehab has gone slower than expected. Getting into some extended spring training games, though, signals progress.

Travis, 25, broke out last season, hitting .304/.361/.498 with eight home runs and 35 RBI in 239 plate appearances last season. The Jays have had Ryan Goins and Darwin Barney handle second base duties this year, but their aggregate .560 OPS is the worst mark in the American League.

Report: Alex Rios has received offers, but is seeking a significant role

Kansas City Royals right fielder Alex Rios watches during batting practice before Game 6 of baseball's American League Championship Series against the Toronto Blue Jays on Friday, Oct. 23, 2015, in Kansas City, Mo. (AP Photo/Charlie Riedel)
AP Photo/Charlie Riedel
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We’re almost into May and outfielder Alex Rios remains teamless. MLB Network’s Jon Heyman reports that Rios has received offers, but he hasn’t accepted any yet because he’s seeking a job with a “significant role”. Ostensibly, that means a starting role or possibly a platoon role.

Rios, 35, was on last year’s championship-winning Royals team, but he hit a meager .255/.287/.353 with four home runs and 32 RBI in 411 plate appearances. It’s understandable if teams aren’t willing to gamble on him rediscovering his once-potent bat now that he’s in his mid-30’s.

Rios earned $11 million last year on a one-year deal with the Royals. Now, he may have to settle for a minor league contract. If Rios doesn’t receive a palatable offer, Heyman suggests he may retire.

Video: Manny Machado clubs a grand slam to break it open against the White Sox

Baltimore Orioles' Manny Machado celebrates scoring on a two-run double by Gerardo Parra during the eighth inning of a baseball game against the Toronto Blue Jays on Friday, Sept. 4, 2015, in Toronto. The Orioles won 10-2. (Darren Calabrese/The Canadian Press via AP)
Darren Calabrese/The Canadian Press via AP
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Manny Machado is good at baseball. The Orioles’ third baseman busted Thursday’s game wide open when he clubbed a grand slam to left-center field off of reliever Jake Petricka to boost his team’s lead to 10-2 in the sixth inning.

The blast was Machado’s second career grand slam and his seventh home run of the season. Along with that, he’s hitting .337/.394/.686 with 16 RBI on the season.