Judge rules that the Mets owners have the burden of proof in the upcoming Madoff trial

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Jim Forkin of CNBC reports the judge in the upcoming Madoff/Wilpon/Mets trial ruled this afternoon that it is the defendants — meaning the Mets owners — who have the burden of proof. Not the bankruptcy trustee.

This is a pretty big deal.  I haven’t seen the exact ruling, but it would seem that rather than forcing trustee Irving Picard to prove that the Mets owners were willfully blind to Madoff’s scheme while investing with him, it is now on the Mets owners to prove that they didn’t know that it was a scam or, that they behaved prudently at all turns or something along those lines.

The exact bogey they have to meet is key here. Depending on how it’s phrased, it could put the Mets owners in a prove-a-negative situation, or something close to it.

No matter what it is, however, it’s way easier to play defense than offense in these things, and thus the case just got that much tougher for Fred Wilpon, Saul Katz and the Mets.

Phillies’ Bryce Harper to miss start of season after elbow surgery

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PHILADELPHIA – Phillies slugger Bryce Harper will miss the start of the 2023 season after he had reconstructive right elbow surgery.

The operation was performed by Dr. Neal ElAttrache in Los Angeles.

Harper is expected to return to Philadelphia’s lineup as the designated hitter by the All-Star break. He could be back in right field by the end of the season, according to the team.

The 30-year-old Harper suffered a small ulnar collateral ligament tear in his elbow in April. He last played right field at Miami on April 16. He had a platelet-rich plasma injection in May and shifted to designated hitter.

Harper met Nov. 14 with ElAttrache, who determined the tear did not heal on its own, necessitating surgery.

Even with the elbow injury, Harper led the Phillies to their first World Series since 2009, where they lost in six games to Houston. He hit .349 with six homers and 13 RBIs in 17 postseason games.

In late June, Harper suffered a broken thumb when he was hit by a pitch and was sidelined for two months. The two-time NL MVP still hit .286 with 18 homers and 65 RBIs for the season.

Harper left Washington and signed a 13-year, $330 million contract with the Phillies in 2019. A seven-time All-Star, Harper has 285 career home runs.

With Harper out, the Phillies could use Nick Castellanos and Kyle Schwarber at designated hitter. J.T. Realmuto also could serve as the DH when he needs a break from his catching duties.