Mistrial declared in Roger Clemens case

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UPDATE: On day two of what was supposed to be a long, arduous criminal trial of Roger Clemens, the judge has declared a mistrial. It’s over. For now anyway.  A hearing has been set for September 2nd when the entirety of the case will be revisited, but now everyone goes home.

The judge was plain as day when he ordered a mistrial. He said “it was caused by the government.”  How so: the government played a video in which the affidavit of Andy Pettitte’s wife was read by Congressman Elijah Cummings, in which she said she remembered Pettitte telling her that Clemens had admitted using steroids. The judge had specifically forbade them to play this video because the testimony was inadmissible as about 18 layers of hearsay.  That was a serious transgression. Inexcusable, really, and could have been caused by only (a) extreme incompetence; or (b) contempt for the judges’ order.

The prosecution will likely continue to pursue this case when the matter is revisited in September.  But at this point, between the Bonds’ acquittal and this blunder, I suspect that the fates are trying to tell the government something about the wisdom of pursuing high-profile perjury prosecutions regarding professional athletes and steroids.

UPDATE II:  If you’d like to see an excellent real-time account of what happened, go to Les Carpenter’s Twitter feed here, scroll down to the tweet that begins “Judge Walton is checking his Blackberry,” and read up.  Fantastic reporting by Carpenter. Totally captures how Twitter can be used in reporting this kind of story.

11:26 AM: Roger Clemens’ lawyer, Rusty Hardin, has moved for a mistrial.  And this just isn’t a case of Rusty being Rusty: the judge said that he will probably grant the request, ending this trial before it truly began.

Reports are still preliminary, but apparently the prosecution played a video to the jury with Andy Pettitte’s former testimony on it. Testimony that the judge has already ruled was inadmissible in this case. Hardin went crazy — you can’t practically ask a jury to disregard something they’ve heard, even though it happens often — and according to those in the courtroom, the judge had no small amount of sympathy for Hardin’s position.  Which he should, because such conduct by the prosecution is, quite frankly, inexcusable and is terribly prejudicial to the defendant.

There’s a recess going on now while the judge considers the mistrial motion.  If he declares a mistrial, we start all over again.  Likely many months from now.

Giants hire Gabe Kapler as new manager

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The Giants announced on Tuesday the hiring of Gabe Kapler as manager. Kapler, filling the extremely large shoes of future Hall of Famer Bruce Bochy, inked a three-year deal, Alex Pavlovic of NBC Sports Bay Area reports. Kapler was one of three finalists for the job, beating out Astros bench coach Joe Espada and Rays bench coach Matt Quataro.

Following his 12-year playing career, Kapler was a coach for Israel’s team in the 2013 World Baseball Classic qualifier. He then became an analyst for FS1 before joining the Dodgers’ front office as the director of player development in November 2014. He was involved in three scandals there: one in which he tried to handle a sexual assault incident involving two Dodgers minor league players without telling police, one in which he allegedly discriminated against Nick Francona, a veteran and former baseball operations employee, and an incident that implicated most of the Dodgers’ front office concerning the recruiting of international free agents. The Dodgers reportedly kept a spreadsheet of employees and their level of criminality.

Despite Kapler’s background, the Phillies hired him as their manager ahead of the 2018 season. He would lead the Phillies to an 80-82 record that year and then helped them improve by one game in 2019, finishing at exactly .500 before being fired. Kapler’s tenure in Philly was tumultuous, often drawing ire from the local media and subsequently the fan base for not being tough enough on his players. The Phillies also reportedly had a clubhouse issue in 2018 in which players were playing video games in the clubhouse during games, prompting Carlos Santana to smash a TV with a bat.

Kapler has a history with Farhan Zaidi, the Giants’ president of baseball operations. They worked together in the Dodgers’ front office as Zaidi served as GM from November 2014-18.