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.

Ever wonder what umpires and players say to each other during arguments?

LAKELAND, FL - FEBRUARY 27:  J.D. Martinez #28 of the Detroit Tigers poses during photo day at Joker Marchant Stadium on February 27, 2016 in Lakeland, Florida.  (Photo by Rob Carr/Getty Images)
Rob Carr/Getty Images
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Tigers outfielder J.D. Martinez was ejected by home plate umpire Mike Everitt after he struck out looking in the bottom of the sixth inning of Saturday’s game against the Angels. He had a brief conversation with Everitt, which resulted in Martinez getting ejected.

MLive.com’s Evan Boodbery spoke to Martinez about what happened and got a word-for-word recollection of what happened. If you’ve ever wondered what umpires and players say to each other during their arguments, here’s a look:

No one has ever accused umpires of having thick skin.

Martinez finished the game 1-for-3. After an 0-for-4 performance on Sunday, he’s hitting .315/.377/.561 with 18 home runs and 52 RBI in 385 plate appearances.

Josh Donaldson pads MVP case with a three-homer day

TORONTO, CANADA - AUGUST 28: Josh Donaldson #20 of the Toronto Blue Jays hits his second home run of the game in the seventh inning during MLB game action against the Minnesota Twins on August 28, 2016 at Rogers Centre in Toronto, Ontario, Canada. (Photo by Tom Szczerbowski/Getty Images)
Tom Szczerbowski/Getty Images
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Reigning American League MVP Josh Donaldson padded his case for the 2016 AL MVP Award and helped the Blue Jays overcome the Twins by slugging three home runs in a come-from-behind victory on Sunday afternoon.

Donaldson broke a 1-1 tie in the third inning with a solo home run off of Twins starter Kyle Gibson. He gave the Jays a 6-5 lead in the seventh inning when he drilled a two-run home run to center field off of reliever Pat Light. And he bolstered the Jays’ lead to 9-6 in the ninth with another homer to center field off of Alex Wimmers.

Here’s video of home run number two:

After Sunday’s performance, Donaldson is hitting .294/.407/.578 with 33 home runs and 91 RBI. In the AL, Donaldson’s 6.9 WAR trails only Angels outfielder Mike Trout (7.2) according to FanGraphs. Jose Altuve, another strong candidate, is at 6.7. Mookie Betts sits at 6.5 and Manny Machado has an even 6.0.