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.

Settling the Scores: Sunday’s results

ST. LOUIS, MO - JULY 24: Starter Mike Mayers #59 of the St. Louis Cardinals pitches against the Los Angeles Dodgers during the first inning at Busch Stadium on July 24, 2016 in St. Louis, Missouri. (Photo by Scott Kane/Getty Images)
Scott Kane/Getty Images
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Craig’s off through Wednesday, so it looks like it’s just you and me again.

Mike Mayers made his major league debut, starting for the Cardinals during Sunday night’s nationally broadcast game against the Dodgers. The 24-year-old must have felt like he was in a horror film, as the Dodgers tore him down limb-by-limb. Chase Utley led off the top of the first inning with a single. Corey Seager followed up with a single of his own and Justin Turner drew a walk. Adrian Gonzalez promptly unloaded the bases with a grand slam on a 2-2 slider, putting the Dodgers up 4-0 before Mayers was able to record the first out. Opposing starter Scott Kazmir would tack on two more runs with a single before Mayers could escape the inning.

Mayers got Seager out to start the top of the second inning, but back-to-back singles by Turner and Gonzalez followed by a three-run home run to Howie Kendrick would end the rookie’s night earlier than anticipated. He left trailing 9-1, recording only four outs. In his 1 1/3 innings, Mayers was on the hook for nine earned runs on eight hits and a pair of walks with one strikeout. It’s a rough way to start a career, but probably not indicative of his skill level. Mayers posted a combined 2.62 ERA in 18 starts split evenly between Double-A Springfield and Triple-A Memphis.

The Cardinals would make a game out of it, scoring twice in the bottom of the second to make it 9-3, then tacked on three more in the seventh before ultimately losing 9-6.

Box scores.

Blue Jays 2, Mariners 0
Diamondbacks 9, Reds 8
Orioles 5, Indians 3
Mets 3, Marlins 0
Red Sox 8, Twins 7
Padres 10, Nationals 6
White Sox 4, Tigers 3 (Game 1)
White Sox 5, Tigers 4 (Game 2)
Pirates 5, Phillies 4
Astros 13, Angels 3
Cubs 6, Brewers 5
Rangers 2, Royals 1
Rockies 7, Braves 2
Athletics 3, Rays 2
Yankees 5, Giants 2
Dodgers 9, Cardinals 6

The Rockies are promoting outfield prospect David Dahl

SAN DIEGO, CA - JULY 10:  David Dahl of the U.S. Team looks on prior to the SiriusXM All-Star Futures Game at PETCO Park on July 10, 2016 in San Diego, California.  (Photo by Harry How/Getty Images)
Harry How/Getty Images
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In a wave of prospect advancement news on Sunday, the Rockies have joined the fray. The Astros are calling up Alex Bregman. The Diamondbacks are calling up Braden Shipley. And the Rockies will call up outfield prospect David Dahl on Monday, Nick Groke of The Denver Post reports. The Rockies are expected to designate outfielder Brandon Barnes for assignment to create roster space.

Dahl, 22, was selected by the Rockies in the first round — 10th overall — in the 2012 draft. He started the season at Double-A, batting .278/.367/.500 with 13 home runs, 45 RBI, 53 runs scored, and 16 stolen bases in 322 plate appearances. He earned a promotion to Triple-A Albuquerque earlier this month. In 16 games there, Dahl has hit an outstanding .484/.529/.887 with five homers, 16 RBI, and 17 runs scored in 68 plate appearances.

Dahl is considered the Rockies’ second-best prospect and #40 overall in baseball according to MLB Pipeline. He got some camera time during the 2016 Futures Game two weeks ago, going 0-for-2.