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.

Red Sox even ALCS 1-1, defeat Astros 7-5 in Game 2

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Game 2 of the ALCS, held Sunday night in Boston, was a play in three parts. For the first three innings, it was a back-and-forth affair between the offenses of the Red Sox and Astros. The middle three innings involved both team’s pitching staffs calming things down. The final third of the game saw the Red Sox add insurance. Ultimately, the Red Sox went on to win 7-4 to even the ALCS at one game apiece.

The Red Sox opened the scoring in the bottom of the first inning, with Andrew Benintendi and Rafael Devers hitting RBI singles off of a shaky Gerrit Cole. The Astros returned the salvo in the top of the second against David Price as George Springer fisted a double that just barely stayed fair down the right field line to plate two runs to tie the game. Marwin González broke the 2-2 tie in the top of the third, turning on an inside cut fastball for a two-run homer over the Green Monster. In the bottom half of the third, the Red Sox put together a rally, loading the bases with one out. After Ian Kinsler struck out, Jackie Bradley, Jr. drilled an opposite-field double off of the Monster with the carom taking left fielder Marwin González back towards the infield, allowing all three runs to score, putting the Red Sox back on top at 5-4.

Price, whose postseason woes are well-publicized, pitched better than his line indicated. He was on the hook for four runs on five hits with four walks and four strikeouts. His counterpart, Cole, went six frames, on the hook for five runs (four earned) on six hits and a pair of walks with five strikeouts.

Once Price was out of the game, Matt Barnes got four outs with nary a scrape. Ryan Brasier worked around a two-out walk in the seventh for a scoreless frame. In the bottom half of the seventh, facing Lance McCullers, Jr., Mookie Betts led off with a walk. As Benintendi struck out, Betts moved to second base on a wild pitch. During J.D. Martinez‘s at-bat, Martín Maldonado allowed a passed ball, which gave Betts the opportunity to move to third base. Martinez struck out, but Maldonado was unable to handle a pitch from reliever Josh James, so Betts ran home to score a crucial insurance run.

Rick Porcello took over in the eighth, setting down Tony Kemp, González, and Carlos Correa in 1-2-3 fashion, striking out the latter two. In the bottom half of the eighth, Betts added yet another insurance run with an RBI double to right-center.

Kimbrel has had a rough postseason thus far, giving up a run in Game 1 of the ALDS against the Yankees followed by two more in Game 4. Those struggles continued on Sunday. He got Evan Gattis to pop up, then struck out Josh Reddick. So far, so good. Unfortunately for Kimbrel, Springer poked a double to left field, then advanced to third base on a wild pitch while José Altuve batted. Altuve then ripped a single off of the Monster to bring the tying run to the plate in the form of Alex Bregman. Mercifully, for the Red Sox and their fans, Kimbrel got Bregman to fly out to Benintendi just in front of the Monster in deep left field.

David Price’s team won a postseason game he started for the first time. This was his 10th postseason start and he had been 0-8 with one no-decision.

With the ALCS tied up at one game each, the Red Sox and Astros will take Monday off to travel to Houston. Game 3 is slated for a 5:09 PM ET start on Tuesday. The Red Sox haven’t yet named a starter but the Astros will go with Dallas Keuchel.