The McCourt trial: my gut is that Jamie is going to win, even if she shouldn't

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The McCourt trial ended yesterday, with closing statements offered by the attorneys. Lots of different attorneys, according to the L.A. Times summary. Each side had, like, three people making arguments. What was this, a tag team match?  I understand multiple lawyers taking stabs at different parts of closing if it’s a complicated case, but this is a bench trial in which, basically, a single fact was at issue.  And people wonder how the McCourts could have run up $8 million in attorneys fees.

Anyway, here’s an insight that may appeal to, like, six of you who care about such things, but I just can’t shake it: Frank McCourt’s lawyers keep arguing that the business with his lawyer switching out versions of the agreement that was to decide who owns the Dodgers was no big deal.  A clerical error. A “scrivener’s error.”  Of no consequence at all. But tell me: if Jamie wins, and Frank has to give her hundreds of millions of dollars, how much time will elapse between the judgment coming down and the malpractice suit Frank files against his “scrivener”?  I’m guessing he may let a day go by, but not two, and when he does he will characterize it as the most egregious case of professional misconduct in the history of Anglo-American jurisprudence. That’ll be fun.

As for the outcome, I don’t really know what to think.  Based on everything I’ve read, I am of the opinion that Jamie McCourt’s story that she always thought she was going to own half the team is self-serving post-facto baloney. I don’t buy that she didn’t read the documents and understand what she was signing. I don’t buy that Frank was truly going to give her every one of their houses AND the Dodgers.  It just doesn’t make sense to me based on the things we’ve heard about their respective appetites for risk, their history and all of that. I simply don’t find her side of the story credible.

At the same time, I do find the scrivener’s story credible. I bet there was an error in the documents and that — as the man who made the error — the lawyer did just go back and try to substitute the correct document in there and hope no one ever figured it out.  I used to do a lot of professional responsibility defense work, and I’ve seen lots of lawyers do this. It’s always, always, always the wrong thing to do, but I’ve seen them do it.

But just because I find it credible doesn’t mean it’s defensible. There’s too much at stake in the legal system — not just for rich people like the McCourts but for everyone — for courts to overlook lawyer misconduct and make assumptions about what was really going on. Yes, in this case taking a hard line may reward Jamie’s post-facto baloney and may, in the end, cost Frank the Dodgers. But it’s going to be hard for a judge to essentially validate the document switcheroo.

We’ll find out for sure in 90 days, when a decision comes out.

And That Happened: Tuesday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Nationals 2, Padres 1: Michael Taylor had a night. He made an incredible throw home to save a run, then doubled home the winning run in the bottom of the ninth.

Here’s the throw:

Here’s the walk-off double:

Jeremy Hellickson held the Padres to one run but had to leave with one out in the sixth due to a blister. The Nats’ bullpen took it from there, fanning five over the final 3 2/3 innings. Opposing starter Eric Lauer was also solid, yielding a run in his six innings of work. Bryce Harper hit his 14th dinger of the year.

Braves 3, Phillies 1: The Braves hold onto their first-place lead over the Phillies, winning this nail-biter. Brandon McCarthy and Vince Velasquez matched up for a fourth time this season. McCarthy has won all four starts. He gave up a run on on four hits and two walks with five strikeouts. He owns a 2.08 ERA against the Phillies this season and a 6.53 ERA against everyone else. Velasquez struck out nine, but lasted only 4 1/3 innings, giving up two runs (one earned) on six hits and three walks. Ozzie Albies hit his 14th homer of the season and scored all three runs for the Braves. His power progression has been impressive, to say the least.

Indians 10, Cubs 1: Ugly loss for the Cubs. Starter Tyler Chatwood walked six and gave up four runs in 2 2/3 innings. Mike Montgomery, who relieved him, wasn’t any better, giving up six runs in 2 1/3 innings. Yonder Alonso racked up three hits and three RBI. Jose Ramirez hit a three-run home run. The top-third of the Indians’ lineup combined to go 5-for-11 with four walks and six runs scored. Trevor Bauer continued to deal, tossing six shutout frames with six strikeouts. His ERA stands at 2.35. Something, something, spin rate. The first-place Indians are back at .500 with a 23-23 record.

Blue Jays 5, Angels 3: The Blue Jays put up a five-spot in the first inning against Garrett Richards, proving to be all the offense they would need on the evening. The Angels helped them out with a wild pitch and a fielding error. Kendrys Morales capped off the frame with a two-run homer. J.A. Happ went seven innings, limiting the Angels to two runs on three hits and three walks with five strikeouts.

Reds 7, Pirates 2: Scooter Gennett put the Reds’ offense on his back, contributing an RBI double, a grand slam, and a sacrifice fly. You may recall Gennett hit four grand slams last year, becoming one of only a handful of players to accomplish the feat. He has five in the last calendar year. Matt Harvey limited the Pirates to just one run on three hits and two walks with five strikeouts over six innings. Jameson Taillon was on the hook for all six runs the Reds scored, going six innings with eight strikeouts.

Red Sox 4, Rays 2: It was mostly a bad night for the Rays, as starter Jake Faria and catcher Wilson Ramos both exited the game in the third inning with injuries. However, shortstop prospect Willy Adames crushed his first major league homer off of Chris Sale. Sale went 7 2/3 innings, giving up two runs (one earned) on four hits and two walks with nine strikeouts. He now holds a 2.17 ERA. Mookie Betts hit his major league-leading 16th homer of the season. Rafael Devers also went yard.

Marlins 5, Mets 1: Zack Wheeler pitched pretty well but the Mets just couldn’t swing the bats enough to support him. Wheeler struck out nine and gave up three runs (one earned) on seven hits with no walks over six innings. Caleb Smith was better, limiting the Mets to a lone run on three hits and two walks and eight strikeouts in 6 2/3 frames. Jose Bautista made his Mets debut, going 1-for-3 with a double.

Brewers 1, Diamondbacks 0: Another heart-breaker for the D-Backs. They have now lost six games in a row and 12 of their last 13. The Brewers’ lone run scored on a Domingo Santana sacrifice fly in the sixth inning. Jhoulys Chacin narrowly out-pitched Matt Koch and the Brewers’ bullpen took it from there. Matt Albers, Josh Hader, and Corey Knebel combined to hold the D-Backs scoreless for the final 12 outs. The first-place Brewers are 30-19. The Brewers might’ve scored more if not for Jarrod Dyson:

Rangers 6, Yankees 4: Jurickson Profar kicked things off for the Rangers with a three-run homer in the first inning. The Rangers scored two more in the second against Domingo German, who lasted 3 2/3 innings and was on the hook for all six runs in total. Cole Hamels held the Yankees to a pair of runs on four hits and two walks with seven strikeouts over seven innings. The two runs came on solo home runs from Gleyber Torres and Miguel Andujar. Austin Romine added two more in the eighth with a two-run shot off of Jake Diekman.

White Sox 3, Orioles 2: May continues to go well for James Shields, who now owns a 3.27 ERA in five starts this month (but a 4.62 ERA overall). He gave up only two runs on five hits and two walks with five strikeouts over seven innings. Kevin Gausman blanked the Sox over 6 1/3 innings on nine hits and a walk while striking out 10. Mark Trumbo went 3-for-3 with a pair of doubles and an RBI. Mychal Givens and Richard Bleier combined to fork over three runs to the White Sox in the bottom of the eighth inning, saddling Gausman with a no-decision.

Twins 6, Tigers 0: Lance Lynn finally put together a good start for the Twins. He shut out the Tigers across 6 2/3 innings, yielding only five hits and a walk while striking out four. The effort lowered his ERA to 6.34. The Twins scored three runs in the fifth and seventh innings, providing more than enough run support. Brian Dozier knocked in three of those runs with a pair of doubles. Ehire Adrianza reached base three times and picked up a pair of RBI in the effort as well.

Astros 11, Giants 2: The Astros singled and doubled the Giants to death, pounding out 12 total hits, none of which went for more than two bases, and drew five walks. Gerrit Cole gave up two runs on four hits and three walks with eight striekouts in six innings. His ERA ballooned all the way up to 1.86. Each pitcher that entered the game for the Giants gave up at least one run. It wasn’t all bad for the Giants — at least Brandon Crawford got to homer off of brother-in-law Gerrit Cole.

Royals 5, Cardinals 1: The Royals got homers from Alex Gordon and Salvador Perez plus seven strong innings from Jason Hammel. Hammel gave up nine hits, walked none, and struck out six in the effort. On a lot of other nights, Luke Weaver would’ve had a W, but settled for the L with seven innings of three-run ball. He struck out eight. Yairo Munoz and Marcell Ozuna each collected three hits. Gordon and Alcides Escobar had three hits each for the Royals.

Mariners 3, Athletics 2 (10 innings): Guillermo Heredia broke a 2-2 tie in the top of the 10th with an RBI double. Edwin Diaz worked a perfect bottom half with a pair of strikeouts to close it out. Both starters — Trevor Cahill for the A’s and Mike Leake for the Mariners — pitched into the seventh inning and gave up two runs.

Dodgers 5, Rockies 3: Chris Taylor hit a go-ahead two-run home run in the bottom of the sixth and Yasiel Puig tacked on an insurance run with a solo homer. Ian Desmond went yard for the Rockies.