All rise. The sports court of public opinion we call Foul Play-by-Play is now in session, the dishonorable Anthony Varriano presiding over this podcast providing play-by-play and color commentary on foul play in sports, on courts and in them. The attorney of record and my co-host is Michael Haase of McLarty and Haase Law in Glendive, Montana.

Headlines

Headline 1: Maryland Football Player Dies of Heat Exhaustion; Wrongful Death Lawsuit Likely Coming Against University

After 19-year-old Maryland offensive lineman Jordan McNair died of apparent heat stroke from performing 110-yard sprints according to ESPN, the university placed head coach D.J. Durkin, strength and conditioning coach Rick Court and some trainers on leave while it investigates whether the staff was negligent. The McNair’s have also hired an attorney, who says a lawsuit is likely and Durkin should be fired.

ESPN conducted its own investigation, speaking to two current Maryland football players, former players and football staffers and multiple people close to the program. Here’s what they shared about the football culture under Durkin and Court:

  • There is a coaching environment based on fear and intimidation. Small weights and other objects were thrown by Court in the direction of players when Court was angry.
  • The belittling, humiliation and embarrassment of players is common. A player whom coaches wanted to lose weight was forced to eat candy bars while watching teammates work out.
  • Extreme verbal abuse of players occurs often. One player was belittled verbally after passing out during a drill.
  • Coaches have endorsed unhealthy eating habits and used food punitively. One player said he was forced to eat until he threw up.

Durkin and Court’s coaching careers are certainly in jeopardy, but couldn’t they be charged with manslaughter at the very least, or is this just a wrongful death civil lawsuit?

Headline 2: UNC Suspends 13 Football Players for Selling Shoes

Thirteen North Carolina football players, including quarterback Chazz Surratt, were suspended between one and four games for selling school-issued shoes. The selling of the special edition Nike Jordan shoes is a secondary NCAA violation, and UNC self-reported the violation in January.

Since these shoes are uniquely manufactured for and distributed solely to UNC athletes, their rareness by His Airness can fetch upwards of $600 on Ebay, according to Joe Giglio.


Meanwhile, the NCAA changed rules to allow “elite” high school basketball prospects to hire agents and undergraduates to return to school if they enter the NBA Draft and aren’t selected. How hypocritical is it that a college basketball player can now hire an agent but not profit from his name, signature or shoes until he signs a contract and doesn’t need the money anymore?

These benefits for attending UNC don’t seem very beneficial. The NCAA has managed to make a benefit a burden. It’s often said possession is nine-tenths of the law. Well, what kind of possession is this if you can’t sell what you possess?

Headline 3: Former All-Star MLB Pitcher Esteban Loaiza Pleads Guilty to Federal Drug Charges

Former All-Star pitcher Esteban Loaiza pleaded guilty Friday to federal drug charges in California. Loaiza acknowledged that he possessed about 44 pounds, or 20 kilos of cocaine with the intent to distribute. He faces 10 years to life in prison when he’s sentenced on Nov. 2. Can we expect Loaiza to be granted leniency in this case since California prisons are still operating above capacity and at increased rates due to healthcare costs?

It might be difficult to imagine what would possess a man who made more than $43 million in Major League Baseball to risk his life trafficking cocaine, but Loaiza’s personal life is riddled with red flags. While few might remember Loaiza starting the 2003 MLB All-Star Game, Loaiza became a celebrity in Mexico after marrying Mexican-American singer Jenni Rivera in 2010. This relationship likely granted Loaiza access to some of the most exclusive parties in Mexico, allowing him to experiment with drugs and meet some of the most powerful men in Mexico.

Those new relationships, both with the drugs and the drug dealers, likely persisted upon his wife filing for divorce in 2012 and then dying in a plane crash shortly after. As an addict myself, and someone who thinks we’re all addicts in some form, whether it be to drugs, alcohol, donuts or God, I can say with conviction that hard times make habits harder to break. For some people it takes a conviction to break those habits. 

What kind of sentence should Loaiza receive if the court has his best interests and the best interests of the state in mind?

Headline 4: LSU Suspends Linebacker who Allegedly Served as Getaway Driver in Burglary

Louisiana State University suspended sophomore linebacker Tyler Taylor indefinitely after being arrested for allegedly serving as getaway driver in a January burglary of a pawn shop. A months-long investigation resulted in Taylor’s arrest on May 31. He was charged with felony conspiracy to commit a crime, felony party to a crime and felony theft. He was released on $33,550 bond.

Taylor’s cell phone records indicated that he was at the pawn shop the morning of the burglary, another person arrested for the burglary gave him up, and Taylor’s mother apparently owns the getaway truck he was driving. Police also have surveillance footage of the burglary, so Taylor needs a legal miracle.

What kind of potential plea deal or sentence would allow Taylor to play football again, if not this season, someday?

Headline 5: NASCAR CEO Arrested for DUI, Oxycodone Possession

NASCAR, the sport of driving, had its CEO arrested for driving while intoxicated and possession of Oxycodone without a prescription. Brian France, grandson of NASCAR founder William France, was arrested at 7:30 p.m. last Sunday for failing to stop at a stop sign.

France was arraigned Monday morning and released on his own recognizance, having been charged with aggravated driving while intoxicated, a felony, and criminal possession of a controlled substance, a misdemeanor. The felony charge is a result of France having a blood-alcohol content of .18 percent or higher while behind the wheel in New York.

France could be suspended and required to complete a recovery program or be subject to drug testing under NASCAR’s substance abuse policy. Brian’s uncle, Jim, has taken over the duties of CEO during his nephew’s leave of absence.  

This isn’t the first time Brian France has been accused of foul play. Twelve years ago the Associated Press reported that a witness saw a silver Lexus owned by France traveling at a "very reckless speed" into a tree near his residence, and the driver "fell over his own feet" while exiting the car. France was never charged as a result, but “the incident did lead to the requirement that the highest-ranking supervisor on duty must be called to the scene of all DUI incidents and that no officer would report off-duty until his or her reports are complete,” according to Auto Week.

France has also been accused of checking into a Betty Ford Clinic for drug rehab by Jack Flowers in his book, The Dirt Under the Asphalt: An Underground History of Stock Car Racing.

How big a blow is this for NASCAR given its struggle to fill the stands lately? And should this motivate the France family to sell NASCAR despite their unwillingness to do so?

Headline 6: Wake Forest Assistant Basketball Coach on Leave after Punching Man who Died upon Impact with Ground

Wake Forest assistant basketball coach Jamill Jones was charged with third-degree assault, a misdemeanor, and was subsequently placed on leave by the university. Jones turned himself in on Thursday after punching a man in the face early Sunday. The man died from injuries sustained upon impact with the ground. Jones was released on his own recognizance.

Sandor Szabo was treated for fractures to the left side of his face and the rear of his skull, along with bleeding of the brain. He was taken off life support Tuesday afternoon. The confrontation in question might have been a result of Szabo drunkenly knocking on car windows in the early hours of the morning.    

There’s certainly another “wrongful death” lawsuit here, although I almost blame Jones less for the death of Szabo than I do Maryland’s Durkin and Court in the death of McNair. 

Historically Foul Play

It’s time for Historically Foul Play, when we go back in time and examine foul play of the past, when DNA evidence made nothing evident because DNA hadn’t been discovered yet.

On August 9, 1905, Ty Cobb’s mother, Amanda Cobb, was arrested on charges of voluntary manslaughter in the shooting death of Cobb’s father, William Herschel Cobb. Amanda said she thought her husband was an intruder trying to enter their home through the bedroom window when she shot him twice. But there had been rumors in town that William suspected his wife of infidelity and had unexpectedly returned home late that evening when she believed him to be out of town.

Cobb would make his Major League debut three weeks later, appearing in 41 games and hitting just .240 with a .588 OPS at the age of 18. It was the only season Cobb would hit below .300 in his 24-year career. His mother was ultimately acquitted in 1906, and in 1907, Cobb went on to lead the majors in hits, runs batted in, stolen bases, batting average, slugging percentage, OPS, obviously, OPS+ and total bases. Seems that was a big weight of Cobb’s shoulders, eh Mike?

Statistically Significant Foul Play

Alright, let’s get statistical and make some informed inferences in a segment we call Statistically Significant Foul Play, where we do an analysis of statistics indicative of foul play.

Foul Play-by-Play, its hosts, nor its partners practice nor condone the accusatory promulgation of foul play by athletes for the sake of the hot take. Cheats are innocent until proven guilty. That said, in this case of statistically significant foul play, I’d like to admit into evidence the following significant statistics indicating foul play.

Amongst the top 10 players in Major League Baseball when it comes to being hit by pitches, the Tampa Bay Rays have three, including the league leader, Carlos Gomez, with 18. C.J. Cron has been plunked 14 times and Daniel Robertson has taken 13 for the team.

The Rays’ 74 hit batters is seven more than the second-place Texas Rangers and 51 more than the last-place Minnesota Twins. 

I’m not calling the defendants cheats. I’m just sayin’ the statistics are significant indicators of foul play. I trust the jurors will make the right decision and find the defendant guilty of foul play given the evidence. I rest my case.

Worst Instances of Foul Play in Films Linked to Sports

Mike and I have each ranked films featuring both foul play and sports, with the highest ranked film featuring the most foul play in a film featuring sports. These aren’t sports movies featuring foul play, mind you. These are movies with instances of foul play that have a link to sports, however flimsy that link may be.

For instance, the Matt Damon trifecta would be:

3) Good Will Hunting, in which Matt Damon and the late, great Robin Williams reenact Carlton Fisk’s home run in Game 6 of the 1975 World Series. The foul play, of course, is Will Hunting assaulting a police officer, with the most foul play being Will’s pushing away of Skylar.

2) Stuck On You, in which Damon’s Bob Tenor and Greg Kinnear’s Walt Tenor play goalie in an adult hockey league as conjoined twins. They’re also a good golfer and caddy combo, a switch-pitching pitcher in baseball, a terror in a boxing ring, and not bad on the tennis court, either. They’re also Martha’s Vineyard legends for their high school football legacies. The foul play in this one is Bob’s DUI resulting from Greg’s excessive drinking in order to convince his brother to have a surgery to separate them.

1) The Rainmaker, in which a softball bat is the preferred weapon of Kelly Riker’s abusive husband, whom Damon kills with said bat in self defense.

Anthony’s Top Three Films featuring Foul Play and Sports

3) The Naked Gun: Ricardo Montalban brainwashes a baseball player to assassinate Queen Elizabeth II, but Leslie Nielsen goes undercover as an umpire with a generous strike zone and emphatic third-strike calls to “get his man.”

2) A Few Good Men: Tom Cruise thinks better with his bat, and he plays softball while negotiating a plea deal with Kevin Bacon. The most foul play is Jack Nicholson covering up his involvement in the death of a Marine.

1) The Fan: A San Francisco Giants superfan and knife salesman played by Robert De Niro is thrilled to have Wesley Snipes join the team, but his early performance leaves much to be desired. So the fan solves the problem by murdering the Giants’ player wearing Snipes’s lucky number 11. While stalking Snipes, De Niro saves his son from drowning, only to kidnap him and hold him hostage until he gets some appreciation, despite Snipes being unaware of the fan’s criminal contributions. 

Published in Sports

Each week here at Foul Play-by-Play we cover the week's law-related, sports stories. So here are the cheats, cheap shots, and alleged criminals in sports for the week of May 28.

Headlines

Philadelphia 76ers Launch Investigation of Colangelo’s Alleged Twitter Usage

The Philadelphia 76ers launched an independent investigation into the Twitter usage of president of basketball operations Bryan Colangelo on Wednesday after a report by The Ringer cited circumstantial evidence indicating Colangelo allegedly using anonymous Twitter accounts to defend his work and criticize his current and former players.

Tweets from those accounts alleged by a source cited by The Ringer to belong to Colangelo questioned Joel Embiid's ego, blamed Markelle Fultz's shooting woes on a former mentor of the No. 1 overall draft pick, pushed a theory that a possible Jahlil Okafor trade fell apart because he failed a physical, and called Nerlens Noel a "selfish punk."

Colangelo has denied the Tweets are his, going so far as to call Embiid to express his innocence. Colangelo’s wife has since been implicated as possible owner and operator of the Twitter accounts.

Mother of G Leaguer Sues NBA after Son Collapses on Court, Dies

The mother of Zeke Upshaw, former swingman for Detroit Pistons’ G League affiliate Grand Rapids Drive who collapsed on the court and died two days later, has filed a lawsuit accusing the NBA and the Detroit Pistons of negligence.

Upshaw, 26, collapsed during a game in Grand Rapids on March 24 and died two days later of what a Grand Rapids medical examiner called a sudden cardiac death with cardiac abnormalities. Upshaw had a “slightly enlarged” heart, which is not entirely unusual in athletes and could be unrelated to his death, but the Grand Rapids team doctor was not at the arena when Upshaw collapsed on March 24, so life-saving measures were not attempted, no CPR initiated and no defibrillator used, but Upshaw died two days later. 

Links to video footage, lawsuit, and media advisory.

Cheerleaders Sue Houston Texans Alleging Hostile Work Environment and Withholding Pay

Five former NFL cheerleaders sued the Houston Texans on Friday, accusing the franchise of paying the women less than the $7.25 per hour they were due, not compensating them for making public appearances and creating a workplace where the women were threatened with termination for voicing complaints.

This isn’t the first time NFL cheerleaders have sued their employers. I wrote a column about the Oakland Raiders’ cheerleaders who sued citing similar allegations back in 2014, I think, and spoke to their attorney who recommended NFL cheerleaders unionize. I think these NFL owners continually take advantage of these women because there will always be a cheaper body to objectify, even if there was a cheerleaders’ union.

Tampa Bay Rays’ Carlos Gomez Alleges MLB’s Drug Testing Not Random

Tampa Bay Rays’ outfielder Carlos Gomez alleges that Major League Baseball targets older players and Latino players for drug testing in an interview for a Yahoo! Sports podcast the day after Mariners’ All-star Robinson Cano was suspended 80 games. Gomez said, “One month into the season I got like seven drug tests. Something like that. Between five or seven. That’s not right. We have a guy on the team who for sure hasn’t had one drug test.” Three days after coming off the disabled list, Gomez was again drug tested.

MLB defended its drug testing policies in a statement made to the Tampa Bay Times: "Our Joint Drug Program, which is negotiated with the Players Association, is independently administered and has random testing procedures in place with no regard for a player's birthplace, age, or any other factor," the league said. "Every aspect of the test selection process is randomized and de-identified, and every player is included each time random selection is conducted. This results in some players being tested more often than others, but, as a whole, MLB players are tested more frequently than any athletes in professional sports.”

Like Gomez, the three Major League players suspended for failing performance-enhancing drug tests are from the Dominican Republic. Gomez wants MLB to prove to him the process is randomized, and won’t believe it is until they do so. MLB isn’t required to reveal anything, though, and probably insulates itself from any wrongdoing by outsourcing the testing to an independent firm.

Cheats of the Week

Dishonorable mention: San Francisco 49ers receiver Victor Bolden Jr. has been suspended for the first four games of the regular season for violating the NFL’s performance-enhancing drug policy. Bolden is trying to make the team as a kick returner and has considerable competition.

Bronze medalist: Anthony Rizzo, last week’s Statistically Significant Foul Player for his uncanny ability to be hit by pitches, slid into the feet of catcher Elias Diaz of Pittsburgh to break up a double play. He was successful, as Diaz threw the ball into right field allowing two Cubs’ runners to score. While umpires on the field called it a clean play, reviewed it and upheld the call, Major League Baseball said the slide wasn’t legal. Rizzo clearly altered his path to contact the catcher, sliding late and well inside the baseline.

Silver medalist: Washington Capitals’ forward Tom Wilson blindsided Jon Marchessault of the Vegas Golden Knights in Game 1 of the Stanley Cup Final. The hit came well after Marchessault had handled the puck, but Wilson, who has a history of questionable, physical play, avoided a suspension for the hit. Marchessault was unable to stay on the ice for the 4-on-4 that resulted from Wilson’s two-minute minor that should have probably been a five-minute major penalty.

Gold medalist: Wilson’s hit might have been the cheapest shot taken in Game 1 of the Stanley Cup Final, but it wasn’t the most effective form of cheating used in the game. Vegas Golden Knight Ryan Reaves scored a game-tying goal in the third period as the result of a cross-check on Washington’s John Carlson. The goal was a quick response to the Capitals’ go-ahead goal scored just 91 seconds earlier, and swung the momentum back to the Knights.

Historically Foul Play

Mel Bridgeman of the Flyers served 53 minutes in penalties in 1980 against the Islanders, the most by any player in one Stanley Cup Final. Chris Nilan of the Canadiens is next with 49 minutes in 1986. They play 60 minutes in a game if you’re unaware.

Statistically Significant Foul Player

Vegas’s Erik Haula has spent 19 minutes in the penalty box during this Stanley Cup Final against the Washington Capitals, which is almost half as many minutes as he’s skated in the series.

Published in Sports

ESPN’s David Schoenfield predicted the Minnesota Twins would sign 29-year-old, free agent starter Alex Cobb during the Major League Baseball Winter Meetings at Walt Disney World -- a fitting place for an MLB Hot Stove that was slow to heat up.

The stove is finally preheated, with the Babe Ruth of Japanese baseball, Shohei Ohtani, choosing to play for the Los Angeles Angels of Anaheim and the New York Yankees working with former Yankee Derek Jeter to acquire Giancarlo Stanton from the Miami Marlins.

The Twins’ non-division competition is tougher in 2018

The moves certainly don’t improve the Twins’ chances of returning to the postseason in 2018. The Angels were just five games back of the Twins for the second Wild Card spot in 2017, and the Yankees finished six games ahead of the Twins for the first Wild Card spot. And while the Twins’ best division opponent, Cleveland, hasn’t done much, they finished 2017 with a 17-game lead over Minnesota.

The Twins stand to pick up plenty of games playing in the AL Central next year. With the Tigers, White Sox and Royals all rebuilding, the 2018 Twins should be better than their 41-35 record within their division in 2017. But with the Angels, Mariners and Yankees improving their rosters considerably, Twins fans can expect a worse record against AL East and AL West clubs if the Twins make no moves.

For once, the Twins have a lot of starting pitching

But the Twins have money to spend, which is the only reason Schoenfield offers in defense of his prediction that the Twins sign Cobb. Given the Twins’ rotation, though, a starting pitcher worth just two wins above replacement in 2017 isn’t going to be enough to hold off the rest of the American League.

There aren’t as many open spots in the Twins’ starting pitching rotation as in past years. Jose Berrios is finally entering a Spring Training with a firm hold on a rotation spot. Ervin Santana returns, and the Twins are hoping the Kyle Gibson that showed up in the final month of the season is the Kyle Gibson they get all season in a contract year.

Adalberto Mejia was worth .8 WAR in 2017 over 98 innings and should get a chance at one of the Twins’ rotation spots. Mejia improved considerably from 2016, dropping his hard-hit percentage from 42 to 32 percent. That’s better than both Cobb’s (37) and Gibson’s (36) hard-hit percentages in 2017.

The Twins’ pitching question marks

So without Cobb, the Twins have four capable starters. Then there’s Phil Hughes, who is a huge question mark. Minnesota president of baseball operations Derek Falvey and general manager Thad Levine have to be entering the season expecting nothing from Hughes. If the Twins end up with a replacement-level reliever in Hughes, they’d likely take that. Hughes certainly has earned the right to compete for a starting role in Spring Training, though.

Trevor May could come off of Tommy John surgery and compete for a starting job, too. While the Twins need reliable relievers, which May was prior to surgery, Twins Daily’s Seth Stohs thinks bringing back May as a starter would be easier on his arm and body.

Then there’s the rotation depth in Rochester, where there are six starters fighting for five spots. If the Twins add no starters, Aaron Slegers, Felix Jorge, Dietrich Enns, Stephen Gonsalves, Zack Littell and Fernando Romero would be fighting for one big-league rotation spot with up to two other big-leaguers (Hughes and May). They’d also be fighting to all stay in AAA, with Romero the most likely candidate to return to AA Chattanooga. But at some point during 2018, one or more of these young hurlers will have earned a call-up. So what should the Twins ask Santa to bring them at the Winter Meetings?

Chris Archer

Obtaining Chris Archer’s team-friendly contract through 2019 should be the Twins’ first priority. He’s owed less than $7 million next season, and his deal even comes with team options for 2020 and 2021 at $9 million and $11 million, respectively. He’s one of five pitchers to throw over 200 innings in three consecutive seasons, and he’s a solid number two starter despite his 1.2 WAR posted in 2017.

Archer was a victim of his hard-hit percentage increasing from 33 percent in 2016 to 39 percent in 2017, but a lot of those hard hits occurred late in games when some would argue his manager, Kevin Cash, left him in too long. Jim Turvey writes: “If Archer had exited every game in the sixth or earlier last season, his ERA would have dropped from 4.02 to 3.68.”

So Archer isn’t going to match Santana when it comes to pitching complete games, but having Santana in front of him in the rotation should make Paul Molitor comfortable pulling Archer for a reliever in or prior to the sixth inning.

Acquiring Archer would be worth parting with Nick Gordon, as the Rays’ worst hitters were at second base and shortstop last season. It would also give the Rays a reason to trade shortstop Adeiny Hechavarria, who rebounded from posting a 64 OPS+ in 2016 to put up an 88 in 2017 and is a free agent in 2019.

Mostly, Archer is more desirable than Darvish because of his team-friendly contract and Darvish’s struggles in the postseason and down the stretch of the regular season last year.

Gerrit Cole

If the Twins can’t score Archer, Cole is a logical second option. His 2.8 WAR in 2017 was just one win less than Darvish’s, and Cole will make a fraction of what Darvish demands in arbitration the next two seasons. And if the Twins wish to retain Nick Gordon, the Pirates could be a better trade partner than Tampa given their need for young, starting pitching.

Yu Darvish

Yu Darvish was worth 3.8 WAR last season. That’s not close to competitive with aces in the league, but would make him a solid number two starter on any team, including the Twins. Santana finished 2017 with 4.8 WAR and finished seventh in the Cy Young voting.

The Twins should resist overpaying Darvish, though, considering their starting pitching depth and the aforementioned availability of number-two starters with team-friendly contracts.

So instead of spending all that money Schoenfield cites, the Twins would be better off trading for a short-term solution to add to their pitching staff that will allow them to be even more active in free agency next year, when Clayton Kershaw is likely to be available. The Twins could even move Miguel Sano to first base and acquire either Josh Donaldson or Manny Machado with Joe Mauer’s contract expiring. Whether the new front office is willing to let the long-time face of the franchise go is a question that won’t likely be answered until next year.

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Published in News & Information

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