ESPN needs to get a better legal expert

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I have no personal quarrel with ESPN’s Lester Munson. I don’t know his background or his specific area of expertise. I know that when he is asked to explain to lay people the general gist of any legal issue that touches sports he tends to do an OK job.  He’s good at the “OK, what happens next” part of things, which is probably the thing sports fans want to know.  I’ve dabbled in legal expertise business before, and that’s about 95% of the gig.

I do know, however, that he is most visibly promoted by ESPN when it comes to steroids in baseball stories, and I know that whenever he has been called to go beyond the “what happens next” aspect of that business, he has often gotten things pretty wrong.

The most notable instance I can remember of him stone cold whiffing was when the Barry Bonds prosecutors lost some preliminary evidentiary rulings a couple of years ago and took an appeal.  I won’t bore you with the details, but the basis of the prosecution’s argument was an evidence concept called “the residual exception.”  The important thing to know about the residual exception is that if you have to argue that your evidence is admissible on that basis, you’re screwed, dude. Almost every single person with a legal background knew that the prosecutors were screwed there too. But not Munson, who claimed “their chances are good” and otherwise gave them a tongue-bathing while slamming Judge Illston.  He was wrong.

So color me unsurprised this morning when Munson’s column analyzing the Bonds verdict came out and it was filled with praise for the prosecution on a “major triumph,” and said that the defense “went 0 for 4” despite getting three hung juries, including one involving Bonds lying about steroids.  I suppose reasonable people can disagree about whether the prosecution can declare a victory of some kind, but Munson’s hyperbole and reasoning is so far removed from common sense and reality that I almost got an attack of vertigo trying to wrap my brain around it.

Thankfully some others took it down:  Wendy, at the Hanging Sliders blog, simply eviscerates Munson’s arguments.  The point-by-point takedown is what you should really read, but the conclusion pretty much covers it:

I don’t know Munson nor do I know anything about his law practice. But I suggest that if you are suspected of committing a crime, you should hire an attorney who understands criminal, evidentiary and constitutional law better than Lester Munson apparently does.

Elie Mystal at the inimitable Above the Law blog goes after Munson too, and suffers from the same sort of vertigo that struck me, only with more F-words.

I don’t know what Munson’s deal is. At some point several years ago he fell in love with the prosecution’s case and hasn’t been able to see it objectively for some time.  Or maybe he’s  just out of his depth with this stuff.  All I know for sure is that, given how often sports and law intersect these days, the self-proclaimed World Wide Leader in Sports should find someone who knows what the hell they’re talking about with this stuff.

And That Happened: Thursday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Mets 6, Nationals 4: Carlos Gómez hit the big blast here, socking an eighth inning, go-ahead three-run homer. This after the Nats themselves had come behind following Dave Martinez getting ejected. Maybe there’s something to the whole idea of the Nats playing better without Martinez, but it’s trumped by the unreliability of the Washington bullpen, who would probably even make Casey Stengel look bad. So it would seem, at the moment anyway, the conditions for testing that idea are scientifically are not optimal. Washington should probably fix both of those things, though. Maybe they’ll have something if the season is not already lost by now.

Now let’s watch Carlos Gomez (a) lose his shoe running first to third; and (b) be all Carlos Gomez-y on that home run trot:

Pirates 14, Rockies 6: Pittsburgh was leading 8-0 when the Rockies put up a six-run sixth to make things interesting, but a big seventh featuring homers from Josh BellBryan Reynolds and Starling Marte put things back out of reach. Josh Bell on the season: .339/.408/.718 and he’s on pace for 55 homers and 162 RBI. Holy Moly.

Yankees 6, Orioles 5: New York took a 5-1 lead into the eighth and it looked like another cakewalk, but the O’s at least made it interesting with a four-run eighth to tie things up. Brandon Hyde sent reliever Mychal Givens out for the top of the ninth and . . . it didn’t go well. Well, it went well at first, as Givens struck out the first two batters he faced. Then:

If I’m an Orioles fan I suppose I’m happy that game-losing rally didn’t come via even more dinger — at least in the ninth; Clint Frazier and Luke Voit homered earlier — but I suppose that’s cold comfort. Hell, at this point of the season if I’m an Orioles fan I probably want dingers because the infamy of shattering the all-time single season home runs allowed record is gonna be a season highlight. Of sorts.

Red Sox 8, Blue Jays 2: Close for the first two thirds of the game but, unfortunately for the Jays, we usually play three-thirds in this game. Boston scored two in the sixth, one each in the seventh and eighth and then opened up with a three-run ninth to make this one not-so-close. Sox starter Ryan Weber allowed one run over six to give a breather to a bullpen which pitched in a thirteen inning game the night before and Steve Pearce homered and had three RBI. The highlight of the game, though, came from a Jays player. Watch Vlad Jr. through out Rafael Devers from his butt:

Marlins 5, Tigers 2: Make it six straight wins for the Marlins. This one was particularly fun for the Fish and particularly gutting for the Tigers, as Detroit took a 2-0 lead into the ninth only to see reliever Shane Greene cough up all five of the runs Miami would score on the day. First an RBI single to Neil Walker to made it 2-1. A few batters later Ron Gardenhire intentionally walked Curtis Granderson to load the bases, setting up Garrett Cooper for his two-out grand slam. Cooper hit his first big league dinger on Wednesday, so I guess he’s getting the hang of this game. That’s nine straight losses for Detroit. Could’ve been ten as they were trailing in a game against Oakland last weekend that got suspended. Of course it probably feels like 25.

Phillies 9, Cubs 7: Jean Segura and J.T. Realmuto homered and Andrew McCutchen had two hits and two RBI as a fairly wild series ends up in a split. Anthony Rizzo and Kyle Schwarber homered for Chicago but Jon Lester was kinda shaky. Philly has won five of seven.

Braves 5, Giants 4: Austin Riley hit a game-tying home run in the eighth and then drove in the go-ahead run in the 13th with an RBI single. The kid just got called up nine days ago but he’s already got five homers in those nine games while hitting .389/.421/.833. Someone tell him this game at that easy. Riley and Ozzie Albies each had three hits and Tyler Flowers homered too. The Braves have won 10 of 13 and have pulled to within a game and a half of Philly.

Twins 16, Angels 7: The Angels probably would’ve preferred another rainout. No dice, though, and as it was they gave up eight — 8! VIII! — homers to the Twins. Four of those were surrendered by Matt Harvey, who couldn’t get out of the third inning and whose ERA ballooned to 7.50 on the season. So, um, yeah, that whole experiment has not worked out too well. As for the dingers: Miguel Sanó and Jonathan Schoop went deep twice while C.J. Cron, Max KeplerJorge Polanco and Eddie Rosario had a homer a piece. It was the second time this year Minnesota hit eight homers in a game. The Twins are on pace for 324 homers. The all-time record was set by the Yankees last year with 267. Minnesota is likewise only the second team to hit eight homers in a game twice in a season. The last was the 2005 Rangers. Which, yeah, every game these days sort of feels like old Rangers games. Not that that’s really a compliment, aesthetically speaking. Indeed, longtime readers will know that I tend to default to “1990s-2000s Rangers” as a shorthand for rather boring, offense-heavy baseball. Not that Twins fans should mind, of course.

Rays 7, Indians 2: The “highlight” of this one was a Kevin Kiermaeir inside-the-park homer which was, in reality, a real drag of a play given that it only happened because Tribe outfielders Oscar Mercado and Leonys Martín slammed into each other and got hurt:

Each of the outfielders would stay in the game, thankfully. Both for their own sake and because the Indians are probably one injury or cold streak away from activating Cory Snyder or Albert Belle or someone to play outfield. The Rays got more conventional homers from Tommy Pham, Avisail García and Willy Adames.

White Sox 4, Astros 0: Lucas Giolio went the distance, spinning a four-hit shutout while striking out nine to help the Chisox earn a series split. That’s two straight complete games for Giolito. The last one was a rain-shortened four and a half inning number, but CGs are rare these days. He should own it.