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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.

James Paxton will “nerd out big-time” to stay healthy next year

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To the surprise of, well, very few, the Mariners didn’t make the cut for the postseason this year. While they threw their hats in the ring for a wild card berth, their pitching staff just couldn’t stay healthy, from the handful of pitchers who contracted season-ending injuries in spring training to Felix Hernandez‘s shoulder bursitis to structural damage in Hisashi Iwakuma‘s right shoulder. Left-hander James Paxton missed 79 days with a lingering head cold, strained left forearm and pectoral strain. Heading into the 2018 season, the lefty told MLB.com’s Greg Johns that he plans to “nerd out big-time” in order to prepare for a healthy, consistent run with the club.

So far, Johns reports, that entails a new diet and workout program, hot yoga sessions and blood testing. “I just think there’s more I can do,” Paxton said. “I haven’t done the blood testing before. Finding out if there’s something I don’t know about myself. It’s just about learning and trying to find what works for me.”

When healthy, the 28-year-old southpaw was lights-out for the Mariners. He helped stabilize the front end of the rotation with a 12-5 record in 24 starts and supplemented his efforts with a 2.98 ERA, 2.4 BB/9 and 10.3 SO/9 through 136 innings. Despite taking multiple trips to the disabled list, he built up 4.6 fWAR — the most wins above replacement he’s compiled in any season of his career to date. Had he not been felled by a pectoral injury in mid-August — one that came with a five-week trip to the disabled list — the club might have been been able to make a bigger push for the playoffs.

Of course, even if Paxton manages to stay healthy next season, the Mariners still have the rest of the rotation to worry about. They cycled through 17 starters in 2017 and tied the 2014 Rangers with 40 total pitchers over the course of the season. Per GM Jerry Dipoto, their top four starters (Paxton, Hernandez, Iwakuma, and Tommy John candidate Drew Smyly) only contributed 17% of total innings pitched, just a tad below the 40% average. Finding adequate big league arms and compensating for injured aces (both current and former) will be tough. Still, getting a healthy, dominant Paxton back on the mound for 30+ starts would be a huge get for the team — whether or not the postseason is in their future next year.