Tony Bosch may not be well advised to testify in Biogenesis appeals

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This morning I linked a story about the feds taking an interest in Biogenesis and investigating whether or not it sold drugs to high schoolers and things.  The Daily News has a more thorough story about it here.

I hadn’t thought of this before — my lawyer skills are atrophied, it seems — but a friend of mine just pointed out that this set of circumstances could possibly present a problem for Major League Baseball.

The problem: as a target of a federal investigation, Bosch would be well-advised to clam the heck up. If he testifies or speaks anywhere, his comments will be used against him in any subsequent criminal proceedings. That includes if he speaks at, say, an arbitration following a ballplayer’s appeal of a Major League Baseball suspension. If Bosch has a good lawyer, that lawyer is telling him NOT to go on the record anyplace if he fears federal prosecution. Especially given that his testimony at an MLB arbitration would be all about how he sold drugs to people.

Now, this doesn’t necessarily create a huge problem. For one thing, Bosch’s former employee, Porter Fischer is both cooperating with the feds and Major League Baseball. It could very well be that baseball is relying way more on him than Bosch and that his testimony would be sufficient. It’s also possible that Bosch himself is under no illusions that he’s going to escape federal pain and could very well make a deal with the feds in time to help baseball if they need his testimony to sustain player discipline.

But it is an interesting wrinkle. One that, if you were a lawyer for a player trying to decide whether or not to appeal Biogenesis discipline, could certainly impact your thinking on the matter.

Max Scherzer, with broken nose, strikes out 10 Phillies over seven shutout innings

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Nationals starter Max Scherzer bunted a ball into his face during batting practice on Tuesday, breaking his nose in the process. He ended up with a gnarly looking shiner around his right eye, making him appear a bit like Terminator. Scherzer still took the ball to start the second game of Wednesday night’s doubleheader against the Phillies.

Despite the injury, Scherzer was incredibly effective, limiting the Phillies to four hits and two walks across seven shutout innings, striking out 10 batters in the process. He might even have had some extra adrenaline going, as he averaged 96.2 MPH on his fastball, his highest average fastball velocity in a game since September 2012, per MLB.com’s Jamal Collier. The Nationals provided Scherzer with just one run of support, coming on a Brian Dozier solo home run off of Jake Arrieta in the second inning, but it was enough.

Wander Suero worked a scoreless top of the eighth with a pair of strikeouts. Victor Robles added a solo homer off of Pat Neshek in the bottom half. Closer Sean Doolittle took over in the ninth, working a 1-2-3 frame to give the Nats their 2-0 victory.

Over his last six starts, Scherzer now has a 0.88 ERA with a 59/8 K/BB ratio across 41 innings. He has gone six innings, struck out at least nine batters, and held the opposition to two or fewer runs in each of those six starts.