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Saturday, November 23, 2013

NY Post: Davidoff: Team A-Rod ready to dive into treacherous waters: a courtroom

Two sources confirmed Rodriguez and the Yankees probably won’t learn the status of the player’s 211-game suspension until early January. Here’s the timeline:
1. Both MLB and Rodriguez have until Dec. 11 to file written briefs to independent arbitrator Fredric Horowitz, and another 10 days after that to file replies to each other’s briefs.
2. Once Horowitz has received all of that information, he has 25 days to issue his decision. [...]

Back to Rodriguez and his complaining about “The process.” The process that has proven eminently fair to players — too fair, many people on the management side will tell you.

Not surprisingly, Rodriguez’s PR strategy of turning Bud Selig into the villain has succeeded, at least based on my communication with fans. Plenty of folks are complaining about Rodriguez’s lack of due process, his supposed right to confront his accuser.

It’s complete bunk. This is a private worker issue, not a private citizen issue. Rodriguez is fortunate to belong to one of the country’s most powerful unions. His “due process” comes in the presence of Horowitz.

Besides, I’m not exactly sure what Team A-Rod thought would occur with Selig taking the witness stand. Were the attorneys hoping for a re-enactment of “A Few Good Men,” with Joseph Tacopina asking, “Did you order the Code-Rod?” and Selig screaming, “You’re damn right I did!”?

bobm Posted: November 23, 2013 at 09:24 AM | 16 comment(s) Login to Bookmark
  Tags: alex rodriguez, peds

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   1. gehrig97 Posted: November 23, 2013 at 01:32 PM (#4604883)
So it’s 1998ish (could’ve been 1999) and I’m standing with my friend at the elevator bank of the Harrah’s Reno. We had taken a road trip from the Bay Area for a weekend of golf and gambling.

A couple of older gentlemen are standing in front of us, waiting for the same elevator. One of them is smoking a cigarette. He’s swimming in an oversized t-shirt, faded dad jeans and sneakers.

My friend and I aren’t paying much attention to the proceedings, but one of the guys (they have their backs to us)… his voice… it’s just so familiar. I know that voice. Where/how do I know that voice?

When he starts talking again, I have to look. At the same time, my friend (who, as he later confirmed, was also thinking “I know that voice”) also cranes his neck to see who is doing the talking.

We look at the guy… blink in disbelief… look at each other… and then the elevator doors open.

We follow the two guys into the elevator, and the guy smoking the cigarette –big t-shirt/dad jeans—immediately positions himself into the corner of the elevator. His companion steps in front of him, quite literally placing himself between us and the guy standing in the corner.

Jack Nicholson.

Now, this is a small elevator—it’s not like Jack can hide. We’re all breathing in his second-hand smoke after all. So I very politely ask (although I’m sure there was a note of incredulity in my voice) “Are you staying at this hotel, Mr. Nicholson?” (Harrah’s Reno: Dump).

Exhaling smoke. “No.”

He’s clearly not interested, but what the hell – how often does one find themself in an elevator with Jack Nicholson? Apropos of nothing, it's at this point I notice Jack and his bodyguard are wearing matching T-shirts ("EVENT SECURITY").

“Needless to say,” I say, “we’re both great admirers of your work.”

With this, he nods, smiles, and says “Thanks for saying so.”

“My favorite film of all time is Chinatown.”

He nods again—actually straightens up a bit. “That’s a good one. I usually hear ‘A Few Good Men.’”

The elevator stops at our floor (Jack and his security are on their way to the penthouse). As we’re exiting, I cast a farewell with “Well, it was a pleasure to meet you Mr. Nicholson.”

“A pleasure meeting you, boys.”

We step out into the hallway, the elevator doors begin to close, and my friend, who had been stone silent to this point, yells “YOU CAN’T HANDLE THE TRUTH!”

Jack smirks, the doors close.

   2. base ball chick Posted: November 23, 2013 at 02:32 PM (#4604914)
interesting that males don't never mention his oscar winning role in The Great Houston Tear-fest
   3. Ray (RDP) Posted: November 23, 2013 at 05:43 PM (#4604981)
The more I read the tea leaves, the more I think this will boil down to one of two suspensions:

* 50-65 games IF Horowitz believes Anthony Bosch (which means that there likely has to be corroborating evidence); or
* 0 games if Horowitz doesn't believe Bosch and there's nothing else.

It seems to me that MLB's allegations boil down to (a) multiple counts of use/possession, and (b) obstruction. MLB does not appear to be alleging participation in the sale/distribution, which would carry 80-100 games. Therefore, I think ARod gets 50 games max if the arbitrator believes the use/possession evidence, and a handful of games, close to 0 but maybe 15, for obstruction.

I don't care if they have evidence of one violation of use/possession or if they have evidence of a hundred violations of use/possession; he's not getting more than 50 games for that.
   4. Bob Tufts Posted: November 23, 2013 at 06:47 PM (#4605024)
Ray:

Do you have any doubt that MLB aggressively went after Pete Rose because he had the audacity to fight back and sue them in Hamilton County court? That the government went after Bonds and Clemens because they effectively told the Justice Department to bring it on had the means and desire to do so?

For this reason, I believe that even though ARod (if evidence exists) would get 50 games plus a premium above Braun's 65 games otherwise MLB may view it as a failed prosecution.

Put ne down for 80 games.
   5. Bob Tufts Posted: November 23, 2013 at 08:59 PM (#4605106)
Or maybe ARod was sending us a signal when he was playing Dr. Dre's "Let Me Ride" when he angrily left the arbitration hearings?

"Tried to set me up for a two-eleven, turned around and got caught up in a one-eight-seven"
   6. John Northey Posted: November 23, 2013 at 09:00 PM (#4605110)
I think it would be priceless if he ended up with 0 games in the end, or a figure below 50. The reaction from Selig and the media would be extremely entertaining.
   7. Bruce Markusen Posted: November 23, 2013 at 09:22 PM (#4605124)
Back to Rodriguez and his complaining about “The process.” The process that has proven eminently fair to players — too fair, many people on the management side will tell you.

Not surprisingly, Rodriguez’s PR strategy of turning Bud Selig into the villain has succeeded, at least based on my communication with fans. Plenty of folks are complaining about Rodriguez’s lack of due process, his supposed right to confront his accuser.

It’s complete bunk. This is a private worker issue, not a private citizen issue. Rodriguez is fortunate to belong to one of the country’s most powerful unions. His “due process” comes in the presence of Horowitz.


Thank goodness for some reasoned commentary being brought back into the conversation amidst all of the histrionics. Davidoff is one of the most fair-minded writers I know, and not one to automatically put Rodriguez into the fire. If Davidoff believes A-Rod is getting a fair shake, I believe him--and then some.



   8. Gonfalon Bubble Posted: November 23, 2013 at 09:26 PM (#4605129)
Zero games would be brilliant. It's too magnificent an outcome to hope for. No suspension at all would require A-Rod to start dressing as Snidely Whiplash in public, with a black cape and top hat, and sneeringly rubbing his hands together.
   9. Ray (RDP) Posted: November 23, 2013 at 09:36 PM (#4605140)
For this reason, I believe that even though ARod (if evidence exists) would get 50 games plus a premium above Braun's 65 games otherwise MLB may view it as a failed prosecution.

Put ne down for 80 games.


MLB had better hope for more than 65 games, is all I can say.

I view 65 games or less as a massive loss for MLB. At least with 66-70 they could claim that it's the biggest PED suspension ever handed out on a first offense. (But wait! They told us there were multiple offenses! This face saving doesn't really work!)

Really, anything less than 100 has to be viewed as a loss for MLB. 100-150 is probably a draw. 151-211 would be a win for MLB. At least in my view.

I obviously am hoping for the nuclear ARod victory of 0 games. And while I would probably bet on 50-65, I think there is a plausible chance at 0.
   10. Fancy Pants Handles lap changes with class Posted: November 23, 2013 at 09:38 PM (#4605143)
Thank goodness for some reasoned commentary being brought back into the conversation amidst all of the histrionics. Davidoff is one of the most fair-minded writers I know, and not one to automatically put Rodriguez into the fire. If Davidoff believes A-Rod is getting a fair shake, I believe him--and then some.

I do believe ARod will get a fair hearing from Horowitz. But if you actually believe that excerpt constitutes fair and balanced reporting, then I have a bridge to sell you. That's a hatchet piece if ever I saw one.

There is not a single positive sentence about ARod in that excerpt. There is not a single negative one about MLB or Selig, despite the fact that 211 games is basically a frivolous suspension, in direct contradiction to MLB's CBA & JDA and the "process" therein.
   11. Ray (RDP) Posted: November 23, 2013 at 09:41 PM (#4605146)
If Davidoff believes A-Rod is getting a fair shake, I believe him--and then some.


I believe, and have always believed and stated, that ARod will get a fair shake from Horowitz. And I think the process is essentially fair, although it could probably use some tweaking. (As could the JDA - a lot of tweaking, in fact. It is a horribly written document that is unclear in many areas without any good reason for being so.)

What I never thought was fair was MLB's crusade against ARod; the investigation; the massive number of games. But the hearing is separate from that, and I think the hearing will overturn much of that.

ARod is not the only player since the JDA was enacted to use multiple times before he was caught -- if that's indeed what he did. I have never understood why people are pretending that ARod using multiple times would be at all notable, other than the fact that it's ARod and they don't like him. The entire essence of PED usage -- from amphetamines through steroids -- is that you use them repeatedly. There's no scandal there. It's not a reason why ARod should be strung up far more than the others were. And he wouldn't exactly be the first player to try to hide evidence of his use - again, if that's what he did. People are really silly.

Which player used steroids once and then never again? I'll spot you Mickey Mantle.
   12. Downtown Bookie Posted: November 23, 2013 at 10:06 PM (#4605169)
The process that has proven eminently fair to players — too fair, many people on the management side will tell you.

Not to parse words, but I would have expected to find in such an article complaints by management that the process was too biased in favor of the players.

To hear that "many people" are complaining that the process is "too fair"; well, it's not everyday that I hear about many people complaining about something being fair to everyone to an excessive degree.

But that's just my own personal experience. Perhaps others' interactions with people contain much different results.

DB
   13. Ray (RDP) Posted: November 24, 2013 at 12:19 AM (#4605233)
To hear that "many people" are complaining that the process is "too fair"; well, it's not everyday that I hear about many people complaining about something being fair to everyone to an excessive degree.


Yeah, "too fair" to me means that it's not unfair enough.

By the way, take this for what it's worth -- approximately nothing -- but my armchair pop psychobabble read on Selig is that his vendetta against ARod is all about Henry Aaron's home run record. That is the only thing that explains Selig's fevered actions against both ARod and Bonds. Bonds was blackballed from the game. Now Selig is trying to prevent ARod from approaching Aaron, by cutting the legs out from under the rest of his career with the 211 games. Has Selig taken such a frenzied approach towards any other steroids player? Maybe he has and I've missed it.
   14. billyshears Posted: November 24, 2013 at 01:37 AM (#4605249)
Any process to determine the length of a suspension that begins with the question "Wait, how many games are left in the season?" and ends with the phrase "Yeah, that many" is almost definitionally arbitrary and capricious. I understand that this is not a court and MLB has no legal obligation to offer A-Rod due process, but it's not unreasonable to hope that any organization that has the ability to dispense punishment does so with some sense of justice and equanimity. I don't think Major League Baseball has come close to meeting that standard.
   15. villageidiom Posted: November 24, 2013 at 09:01 AM (#4605278)
interesting that males don't never mention his oscar winning role in The Great Houston Tear-fest
I find it implausible that he deserved an Oscar for that performance. That one, or for As Good As It Gets. And he sure didn't deserve a nomination for About Schmidt.

Nicholson is one of the great actors. But since Terms of Endearment it has seemed to me that he gets far more credit than he deserves. And that is a huge span of his career.
   16. Jim Wisinski Posted: November 24, 2013 at 09:33 AM (#4605286)
Has Selig taken such a frenzied approach towards any other steroids player? Maybe he has and I've missed it.


It's interesting to contrast this with Manny Ramirez, who MLB allowed to serve only a 50 game suspension for his second offense. They would have been well within their legal rights to make him serve all 100 despite him retiring and forfeiting the rest of his salary (and games played) from the season he was caught.

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