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.

Video: Bryce Harper launches a homer into the upper deck

WASHINGTON, DC - MAY 24: Bryce Harper #34 of the Washington Nationals looks on against the New York Mets at Nationals Park on May 24, 2016 in Washington, DC. (Photo by Patrick Smith/Getty Images)
Patrick Smith/Getty Images
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Nationals outfielder Bryce Harper has had a tough month of May. Opposing pitchers have become increasingly unwilling to throw hittable pitches in the strike zone for him, and he’s had trouble adjusting. Entering Thursday’s action, Harper was hitting .194/.454/.306 with two home runs in 97 plate appearances this month. 31 of those plate appearances ended in a walk, nine intentionally.

Harper finally got a pitch to hit in the sixth inning against Cardinals starter Mike Leake. Leake threw a 1-1 curve and Harper promptly launched into the upper deck at Nationals Park. It’s Harper’s 12th homer of the year.

Jackie Bradley, Jr.’s hitting streak ends at 29 games

BOSTON, MA - MAY 25:  Blake Swihart #23 of the Boston Red Sox congratulates Jackie Bradley Jr. #25 after he scored a run against the Colorado Rockies  during the fifth inning at Fenway Park on May 25, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Red Sox outfielder Jackie Bradley, Jr. was unable to continue his hitting streak on Thursday night, going 0-for-4 out of the leadoff spot against the Rockies in an 8-2 loss. He hit a deep fly ball to right field in the first inning, missing a home run by a few feet. He hit another deep drive in the fifth, but it was caught in front of the wall in center field at Fenway Park by Charlie Blackmon. In his final at-bat, Bradley weakly grounded out on the first pitch from Jon Gray to lead off the eighth inning.

Bradley’s 29-game streak tied Johnny Damon for the fourth-longest streak in Red Sox history. Dom DiMaggio still has the longest in club history at 34 games.

Shortstop Xander Bogaerts was able to extend his hitting streak streak to 19 games. He went 1-for-3, hitting a line drive single in the first.

Softball legend Jennie Finch to manage a professional men’s baseball team

NEW YORK, NY - NOVEMBER 03:  Jennie Finch attends a press conference at Marathon Pavilion in Central Park on November 3, 2011 in New York City.  (Photo by Andy Kropa/Getty Images)
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Softball legend Jennie Finch will make history on Sunday when she will serve as a guest manager for the Bridgeport Bluefish of the independent Atlantic League. She will become the first woman to manage a men’s professional baseball team.

In the club’s announcement, GM Jamie Toole said, “We are really excited to have Jennie come out and manage the team. She is an incredible athlete and a wonderful person, and we hope our fans will enjoy seeing her in a Bluefish uniform for the day.”

Finch won the 2001 Women’s College World Series with the University of Arizona. She won the gold medal with Team USA in the 2004 Summer Olympics and silver in the 2008 Summer Olympics.

Finch is only managing one game, but it’s still a positive step for inclusiveness in professional sports. Hopefully, in the future, we see more women in sportswriting, broadcasting, coaching, and front office positions.

Mike Moustakas out for the rest of the 2016 season with a torn ACL

KANSAS CITY, MO - APRIL 21:  Mike Moustakas #8 of the Kansas City Royals hits a single in the first inning against the Detroit Tigers at Kauffman Stadium on April 21, 2016 in Kansas City, Missouri. (Photo by Ed Zurga/Getty Images)
Ed Zurga/Getty Images
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Royals third baseman Mike Moustakas has been placed on disabled list with a torn right ACL, the club announced on Thursday. He is expected to miss the rest of the season, per MLB.com’s Jeffrey Flanagan. Outfielder Brett Eibner has been recalled from Triple-A Omaha.

Moustakas suffered the injury colliding with teammate Alex Gordon attempting to catch a foul ball. Gordon suffered a fractured scaphoid bone, which will keep him out of action for three to four weeks.

It’s a tough break for Moustakas as he missed time earlier this month with a fractured thumb. He lands back on the DL hitting .240/.301/.500 with seven home runs and 13 RBI in 113 plate appearances.