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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.

The Red Sox start is ridiculous

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The red-hot Red Sox completed a sweep of the previously red-hot Angels last night, outscoring them 27-3 in their three-game series. Last night’s game was, relatively speaking, a close one, with the Sox winning “only” by six runs. They did manage to strike out Shohei Ohtani three times, though, so some style points help make up for the “squeaker.” Also worth noting that they held Mike Trout of all people to a 3-for-11 line in their three-game series. He did not score a single time and drove in no runs.

That series win puts the Sox at 16-2 on the year. They dropped their Opening Day game to the Rays, but then won their next six games against Tampa Bay, which I’d say makes up for it. In between those two series they swept a two-game series from the Marlins and afterwards they took two of three from the Yankees and three in a row from the Orioles. The only thing that even threatened to slow this juggernaut down is the weather, resulting in a postponement of Monday morning’s Patriot’s Day game.¬†Somewhere in here we should notice that they’re doing this with their starting shortstop and starting second baseman on the disabled list.

As we’ve noted many times, their 16-2 record is the best start in the Red Sox’ 118-year history. It’s also the best start for any team since the 1987 Milwaukee Brewers began 17-1 (let us just forget, for the time being, that those Brewers lost 18 of 20 in May of that year). They are the fourth team since 1961 to win 16 of its first 18 games.

The Sox aren’t simply getting lucky here. They’ve scored 116 runs and have allowed only 50, which is a Pythagorean record of 15-3. They lead all of baseball in offense, scoring 6.44 runs a game, leading individually in average, on-base percentage and slugging. They are only three one hundredths of a run behind the Astros from leading all of baseball in pitching, allowing only 2.78 runs a game. They’re winning all of these games because, in the early going, they’ve simply been that dang much better than everyone they’ve played.

No, the Sox are not going to go 144-18, as they are currently on pace to do. Yes, they are going to find a lot more trouble in their schedule once they play the Orioles, Rays and Marlins less, play a healthier Yankees team more and face off against the Astros, the Blue Jays, the Indians, the Twins and some tougher interleague opponents. This is baseball, obviously, and no one makes it through a season without rough patches, long, short and numerous.

Still: this has been one whale of a start for Boston. Those wins are in the bank. It’s been quite the thing to see.