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Court hears arguments for releasing 38 Studios records

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PROVIDENCE, R.I. (AP) The fight over whether to release secret grand jury records in the criminal investigation into Rhode Island’s $75 million deal with a video game company started by former Red Sox pitcher Curt Schilling landed in a courtroom Wednesday before a judge who will decide whether to release them.

Gov. Gina Raimondo is pushing for the records in the 38 Studios investigation to be released, over the opposition of Attorney General Peter Kilmartin. The records include transcripts of witness grand jury testimony, which is given behind closed doors and is typically kept secret.

Schilling moved 38 Studios to Providence from Massachusetts in 2010 in exchange for a $75 million loan guarantee. It ran out of money and went bankrupt less than two years later. The legal wrangling since then has included a lawsuit against a number of parties that ultimately settled for a total of about $61 million, and a grand jury that concluded its work in 2015.

Kilmartin’s office did not ask it to return any criminal charges and has said prosecutors determined there was not enough evidence for any charges.

Assistant Attorney General Susan Urso argued to Superior Court Judge Alice Gibney on Wednesday that the public interest lies in maintaining grand jury secrecy.

“To grant the governor’s request would eviscerate the grand jury as we know it,” she said.

Future grand jury witnesses may see the release in this case and consider that their own testimony might eventually become public, she said. She argued that the request did not meet one of the narrow exceptions carved out in the law that allows disclosure of some grand jury material.

Raimondo’s lawyer, Jeremy Licht, argued that it was not a case where the records are being sought simply to satisfy curiosity about what happened.

“The 38 Studios saga really shook the public’s faith in their government,” he said. “This is a case where disclosure can restore public confidence.”

Jared Goldstein, a law professor at Roger Williams University, who was representing the Rhode Island chapter of the ACLU, argued in favor of disclosure. He called it a rare case, and noted that it involves public policy and the highest levels of state government, all the way up to the governor’s office.

Then-Gov. Donald Cariceri, a Republican, shepherded the deal with Schilling through. The Democratic-controlled General Assembly approved the legislation that paved the way for it. Kilmartin was a Democratic member of the House at the time. The company ran out of money under the watch of then-independent Gov. Lincoln Chafee, who opposed the deal when it was struck.

“Sunshine, as the old saying goes, is the best disinfectant,” Goldstein said.

He also cast doubt on the risk of public embarrassment, saying the players in the matter are already well known.

The judge didn’t immediately rule or say when a ruling would come.

Anthony Alford to miss 4-6 weeks following wrist surgery

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Blue Jays’ outfielder Anthony Alford will miss at least 4-6 weeks after undergoing surgery on his left wrist, the team announced on Saturday. Alford was placed on the 10-day disabled list earlier in the week after sustaining a left hamate fracture on a foul pitch, and could miss significant time in what looks to be a lengthy rehab process. MLB.com’s Gregor Chisholm reports that the procedure has been scheduled for next week and will be performed by Dr. Donald Sheridan in Arizona.

Alford, 22, was called up to the majors from Double-A New Hampshire last Friday. He went hitless in his first three outings, finally catching a break against the Brewers on Tuesday when he pinch-hit a leadoff double in the seventh. The injury occurred two innings later when Alford fouled off a pitch in the ninth inning, fracturing his wrist in the process.

Alford will join eight other players on the Blue Jays’ disabled list, including outfielders Steve Pearce (calf strain), Dalton Pompey (concussion) and Darrell Cecillani (partial shoulder dislocation). He’s expected to be replaced by 24-year-old outfield prospect Dwight Smith Jr.

Stephen Strasburg hit a new career high today

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Good luck getting a hit against the Nationals this weekend. Stephen Strasburg followed Max Scherzer‘s 13-strikeout performance on Friday with a dazzling outing of his own on Saturday afternoon. The right-hander whiffed a career-best 15 batters in seven innings, allowing just three hits and a walk in the Nats’ 3-0 win.

It took Strasburg several innings to get into a groove after pitching into (and out of) a jam in the first inning. The Padres loaded the bases with Allen Cordoba‘s leadoff single, a throwing error by Ryan Zimmerman and a four-pitch walk to Cory Spangenberg. By the third, Strasburg was cruising, striking out the side on 18 pitches and keeping the Padres off the basepaths until the sixth. He recorded his 15th and final strikeout in the seventh inning, catching Padres’ prospect Franchy Cordero swinging on a 1-2 pitch to effectively end his outing.

While 15 strikeouts set a new career record for the Nationals’ ace, he came close to reaching the mark twice before. The first time, he struck out 14 of 24 batters during his major league debut against the 2010 Pirates, though the 5-2 win did little more than keep the Nationals neck-and-neck with the Marlins at the bottom of the NL East. Five years later, he tied his 14-strikeout record against the 2015 Phillies, tossing a one-hitter in eight innings to cement his ninth victory of the season.

The only one who doesn’t seem overly enthused by the new record? Strasburg himself, who told MLB.com’s Jamal Collier and AJ Cassavell: “It’s pretty cool, but there’s another game five, six days from now. I’ll enjoy it tonight, but back to work tomorrow.”