New York Magazine reports that Team A-Rod has gone after Biogenesis founder Tony Bosch as a habitual cocaine user. And they have a photo that appears to be Bosch with two small bags of cocaine.
The basis for the claim is a friend of Bosch’s — who himself has a spotty past — who says that Bosch used cocaine regularly in Miami. A-Rod’s lawyers cross examined Bosch about his cocaine use in the arbitration. They were met with objections about the line of questioning from Major League Baseball’s attorneys. When Bosch answered he said “I’ll take the Fifth.”
Now, clearly, Tony Bosch’s credibility as a witness is essential here, as the case comes down to his accusations against Alex Rodriguez and his authentication and explanation of Biogenesis documents which purport to show A-Rod’s PED use. At the same time, courts rarely give much weight to — and often don’t allow — evidence relating to the past bad acts or the bad overall character of a witness as a means of challenging his credibility. Rather, you have to establish that the dirt you have on the witness directly speaks to his credibility, not just his character, habits, addictions or what have you.
I would say this is of little overall consequence in the arbitration. If A-Rod’s lawyers could make more of it maybe it would matter. Say, they could establish that Bosch was in trouble with drug lords and needed money and, well, you can tell any number of tales that could get you from drugs to lying to help Major League Baseball. But if that came out, the same source leaking the testimony to New York Magazine here would have mentioned it right? And either way, it’s pretty far-fetched.
This is all a part of A-Rod’s throw-everything-against-the-wall-and-see-what-sticks defense. It may work in the court of public opinion. It may raise secondary or tertiary questions about Anthony Bosch. But without anything more, drug use is not, in and of itself, likely to affect his overall credibility in the mind of the arbitrator.
A Solar Eclipse
by Ella Wheeler Wilcox
In that great journey of the stars through space
About the mighty, all-directing Sun,
The pallid, faithful Moon, has been the one
Companion of the Earth. Her tender face,
Pale with the swift, keen purpose of that race,
Which at Time’s natal hour was first begun,
Shines ever on her lover as they run
And lights his orbit with her silvery smile.
Sometimes such passionate love doth in her rise,
Down from her beaten path she softly slips,
And with her mantle veils the Sun’s bold eyes,
Then in the gloaming finds her lover’s lips.
While far and near the men our world call wise
See only that the Sun is in eclipse.
Over the weekend the World Umpires Association — the umpire’s union — launched a protest in response to what it feels is Major League Baseball’s failure to adequately address the “escalating attacks” on the men in blue. They were specifically upset that Ian Kinsler didn’t get suspended for his remarks in which he said that Angel Hernandez should get out of the umpiring business because he’s terrible. Apparently to umpires truth is no defense. In any event, they wore white wristbands Saturday night as a sign of solidarity or whatever.
Now that’s over, it seems. At least for the time being. The Association released this statement yesterday afternoon:
“Today, WUA members agreed to the Commissioner’s proposal to meet with the Union’s Governing Board to discuss the concerns on which our white wristband protest is based. We appreciate the Commissioner’s willingness to engage seriously on verbal attacks and other important issues that must be addressed. To demonstrate our good faith, MLB Umpires will remove the protest white wristbands pending the requested meeting.”
As many noted over the weekend — most notably Emma Span of Sports Illustrated — this protest was, at best, tone deaf. While officials are, obviously, due proper respect, a player jawing at an umpire is neither unprecedented nor very serious compared to, well, almost anything that goes on in the game or in society. At a time when people are literally taking to the streets to protest white supremacy, Neo-Nazis and the KKK, asking folks to spare thoughts for some people who sometimes have to take guff over ball and strike calls is not exactly a cause that is going to draw a ton of sympathy. And that’s before you address the fact that the umpires are not innocent when it comes to stoking the animosity between themselves and the players.
I wouldn’t expect to hear too much more out of this other than, perhaps, a relatively non-committal statement from Major League Baseball and a relatively detail-free declaration of victory by the umpires after their meeting.