Alex Rodriguez verdict could come in 2014
Mike Stobe
This is worst case scenario for the Yankees
After Alex Rodriguez walked out of his own appeal hearing, the proceedings ended and now independent arbitrator Frederic Horowitz will render a verdict based on the evidence A-Rod's team was able to present. Still, it sounds like Rodriguez is confident, declaring "We crushed it. They had nothing.''
Before a verdict can be announced, both sides have until December 11 to file written briefs, or closing arguments, and then have another 10 days after that, so until December 21, to reply to each other. After that, Horowitz will have 25 (or more?) days to announce his decision. Meaning, if he takes the full time, and if he's not allotted more time as has been suggested, a decision might not be announced until around January 15, almost one month before pitchers and catchers report to spring training.
As for the verdict itself, Team A-Rod seems split. While Rodriguez himself seems to think he'll be fine, his lawyer Jordan Siev "can't imagine Alex walks out of there with nothing," though he also believes that "There's no physical evidence at all, just [Anthony] Bosch's testimony. And if you don't believe Bosch, there's no case. Period. End of story.'' Joe Tacopina is already in the process of obtaining an injunction to prevent a suspension from being implemented.
It had been announced that Rodriguez would make their unused evidence public, however that has been stopped. Instead, there will be a press conference next week where they plan to make public materials not entered into evidence for the appeal. This material will still be used as evidence in A-Rod's lawsuit against Major League Baseball and Yankees team doctor Chris Ahmad, though.
If you were hoping there would be a quick ending to this circus, you were dead wrong. Not only will this matter linger on for another two months, but it is sure to include a few curveballs here and there. Who knows what kind of evidence will be brought out next week, it could be nothing or it could be world-changing. All we can do is wait and suffer and not be surprised about anything.
In the end, the Yankees are the ones who lose the most. If a verdict isn't announced until January, and then an injunction is filed and this goes to Federal court, what do the Yankees do at that point? Rodriguez plans to prepare for the season like he is going to play, but would he even be allowed to play if this spills over into the season? Would the Yankees have to pay him if he's not? They need to know what to do because if they continue the offseason like they have Rodriguez at third base, they're going to be disappointed when he's suddenly ineligible to play and everyone is signed. No one needs a verdict faster than the $189 million Yankees, but at some point they're going to have to make a decision to move on.
Is the evidence phase over after today ? Will A-rod's Legal Eagles proceed to file briefs or boycott that too ? Too mad to continue Hearing but cool enough to engage Mike Francesa for an extended interview ? I guess we know why A- Rod blew off his previously scheduled pre-testimony interview with MLB as he apparently never intended to testify ......
Alex Rodriguez walks out of MLB’s arbitration hearing, slams Bud Selig on Mike Francesa's radio show
Hours after storming out of Wednesday's hearing while telling MLB COO Rob Manfred that the process against him is 'f------ bulls---,' A-Rod vented against Selig on Francesa's WFAN show and publicly denied for the first time using PEDs.
Comments (140)
BY TERI THOMPSON , MICHAEL O'KEEFFE , CHRISTIAN RED AND NATHANIEL VINTON / NEW YORK DAILY NEWS
PUBLISHED: WEDNESDAY, NOVEMBER 20, 2013, 12:04 PM
UPDATED: WEDNESDAY, NOVEMBER 20, 2013, 7:17 PM
CHRISTIAN RED/NEW YORK DAILY NEWS
Alex Rodriguez, seen here arriving at MLB headquarters Wednesday morning, says the 'absurdity and injustice just became too much' as he walked out of his arbitration hearing in the appeal of the Yankee slugger's historic 211-game drug ban.
Alex Rodriguez’s future in baseball is more uncertain than ever after a theatrical day in which he punched a wall, pounded his fist on a table, told Major League Baseball chief operating officer Rob Manfred that the process is “f------ bulls---,” and stormed out of his doping arbitration.
And he wasn’t finished.
A couple of hours later, A-Rod took to the radio to castigate Bud Selig and proclaim his innocence in the Biogenesis scandal, denying publicly for the first time (albeit not under oath) that he took the performance-enhancing drugs MLB says he took in what it has described as the most egregious doping case in baseball history.
"Did you do any PEDs?" host Mike Francesa asked.
"No," Rodriguez said.
He added that he had “missed my daughter's birthday, first time; she's 9 on Monday. I was here, and I wasn't there for Natasha.”
“You're saying you did nothing wrong, you did not do what they're accusing you of doing?” asked Francesa.
Alex Rodriguez vents on Mike Francesa's radio show after losing 'my mind' during Wednesday's hearing.
“That's correct,” Rodriguez said.
Wearing a dark gray suit and polka-dot tie on the YES simulcast, Rodriguez described himself as persecuted by Major League Baseball and undermined by arbitrator Fredric Horowitz’s ruling that MLB had properly designated Manfred as the representative who explained the penalties the league imposed rather than Selig.
“Today I lost my mind,” Rodriguez said. “I banged a table, kicked a briefcase and slammed out of the room.”
He went on to attack the 79-year-old Selig, who lives in Milwaukee and whose office is there.
“I know you don’t like New York, but you’ve got to come face me,” Rodriguez said of the commissioner. “This is my legacy. I’m part of history. You tell me why I should serve one inning. 'Cause you’re retiring next year? That’s not fair, Mike."
“This has been a disgusting process for everyone,” said Rodriguez, who told Francesa he had been prepared to testify Friday if Selig took the stand on Thursday.
YOUTUBE
Mike Francesa (r.) lends a sympathetic ear to Alex Rodriguez during Wednesday's show.
“This should end with Selig on Thursday and me on Friday,” he said. “Put your money where your mouth is. ... Let the arbiter decide whatever he decides.”
MLB spokesman Pat Courtney told the Daily News that MLB has the right under the collective bargaining agreement to select the person it wants to use as a witness to explain the penalty the league has settled on in a doping case.
"In the entire history of the Joint Drug Agreement, the commissioner has not testified in a single case,” Courtney said in a statement. “Major League Baseball has the burden of proof in this matter. MLB selected Rob Manfred as its witness to explain the penalty imposed in this case. Mr. Rodriguez and the Players’ Association have no right to dictate how baseball's case is to proceed any more than baseball has the right to dictate how their case proceeds. Today's antics are an obvious attempt to justify Mr. Rodriguez's continuing refusal to testify under oath."
Denying that he used doping products supplied by Biogenesis and interfered with MLB’s investigation of the Miami anti-aging clinic, Rodriguez told Francesa that he deserved to play for the Yankees on Opening Day — but that he was through with arbitration.
"For me, I'm done," Rodriguez said. "I don't have a chance."
It remains unclear whether Rodriguez’s sudden departure signals a surrender or an escalation in his war with the league and the Yankees, who he says conspired to sabotage what remains of his massive contract.
“I have a lot of friends on that team,” Rodriguez said.
CHRISTIAN RED/NEW YORK DAILY NEWS
A-Rod, who says he sat through 10 days of testimony by 'felons and liars', signs an autograph before entering MLB headquarters on Wednesday.
One of his lawyers, Joseph Tacopina, told Michael Kay on ESPN Radio Wednesday afternoon that the case is headed to federal court, where A-Rod is expected to ask for a stay of the suspension, assuming Horowtiz upholds all or a sizeable a portion of it.
The arbitration was scheduled to resume Thursday morning at 9:30 despite the walkout, a process that would need to be completed before Rodriguez’s lawyers could even hope to get their case into federal court. If A-Rod’s legal team fails to appear (the player himself is not required to attend), Horowitz can rule on the evidence that has already been presented.
“I am disgusted with this abusive process, designed to ensure that the player fails,” Rodriguez said in a long statement released simultaneously with what appeared to be his staged exit from the league’s Park Ave. headquarters.
“I have sat through 10 days of testimony by felons and liars, sitting quietly through every minute, trying to respect the league and the process,” Rodriguez’s statement continued, apparently referring to MLB’s chief witness against him, Tony Bosch, the former owner of Biogenesis, the clinic baseball says supplied Rodriguez with multiple banned substances for three years. “This morning, after Bud Selig refused to come in and testify about his rationale for the unprecedented and totally baseless punishment he hit me with, the arbitrator selected by MLB and the Players Association refused to order Selig to come in and face me.
“The absurdity and injustice just became too much. I walked out and will not participate any further in this farce."
MLB responded with its own statement Wednesday afternoon, defending its collectively bargained and binding arbitration process.
KENDALL RODRIGUEZ/FOR NEW YORK DAILY NEWS
A-Rod, seen here outside of MLB headquarters earlier in the week, is upset that MLB commissioner Bud Selig isn't being forced to testify.
"For more than 40 years, Major League Baseball and the Players Association have had a contractual grievance process to address disputes between the two parties. This negotiated process has served players and clubs well. Despite Mr. Rodriguez being upset with one of the arbitration panel's rulings today, Major League Baseball remains committed to this process and to a fair resolution of the pending dispute.”
The Players’ Association also issed a statement, saying "The MLBPA believes that every player has the right under our arbitration process to directly confront his accuser. We argued strenuously to the arbitrator in Alex's case that the commissioner should be required to appear and testify. While we respectfully disagree with the arbitrator's ruling, we will abide by it as we continue to vigorously challenge Alex's suspension within the context of this hearing."
Rodriguez’s lawyers, Jordan Siev of Reed Smith and sports law expert David Cornwall, met with Horowitz before leaving the hearing to plan their next move with the rest of their legal team, including Tacopina and presumably the union.
Following Selig’s historic suspension of Rodriguez, Team A-Rod had threatened to take the case to federal court and sue both baseball and the Players’ Association. Rodriguez has already sued MLB and Selig in state court, a suit that baseball has asked to be removed to federal court.
From a strictly theatrical standpoint, Rodriguez’s walkout outdoes everything that predates it in a three-month saga already noted for its outrageous theatrics and over-the-top P.R. moves.
From a legal point of view, an attempt to move to federal court is risky; courts rarely take cases in which the parties have agreed to settle their differences via binding arbitration.
Lance Armstrong, for instance, never recovered legally from his decision to unilaterally suspend arbitration that courts deemed a necessary step before hearing arguments.
(Armstrong claimed the U.S. Anti-Doping Agency was on a “witch hunt,” a line Rodriguez has parroted. Both men launched civil suits, Armstrong in federal court, Rodriguez in New York state court, where he has already sued MLB and Selig.)
Now, it appears Rodriguez will add another case to his litigation list.
“They appeared to have nothing left to offer in this arbitration,” said one person who has followed the case. “They have to do something.”
Alex Rodriguez walks out of MLB’s arbitration hearing, slams Bud Selig on Mike Francesa's radio show
Hours after storming out of Wednesday's hearing while telling MLB COO Rob Manfred that the process against him is 'f------ bulls---,' A-Rod vented against Selig on Francesa's WFAN show and publicly denied for the first time using PEDs.
Comments (140)BY TERI THOMPSON , MICHAEL O'KEEFFE , CHRISTIAN RED AND NATHANIEL VINTON / NEW YORK DAILY NEWS
PUBLISHED: WEDNESDAY, NOVEMBER 20, 2013, 12:04 PM
UPDATED: WEDNESDAY, NOVEMBER 20, 2013, 7:17 PM
CHRISTIAN RED/NEW YORK DAILY NEWS
Alex Rodriguez, seen here arriving at MLB headquarters Wednesday morning, says the 'absurdity and injustice just became too much' as he walked out of his arbitration hearing in the appeal of the Yankee slugger's historic 211-game drug ban.
Alex Rodriguez’s future in baseball is more uncertain than ever after a theatrical day in which he punched a wall, pounded his fist on a table, told Major League Baseball chief operating officer Rob Manfred that the process is “f------ bulls---,” and stormed out of his doping arbitration.
And he wasn’t finished.
A couple of hours later, A-Rod took to the radio to castigate Bud Selig and proclaim his innocence in the Biogenesis scandal, denying publicly for the first time (albeit not under oath) that he took the performance-enhancing drugs MLB says he took in what it has described as the most egregious doping case in baseball history.
"Did you do any PEDs?" host Mike Francesa asked.
"No," Rodriguez said.
He added that he had “missed my daughter's birthday, first time; she's 9 on Monday. I was here, and I wasn't there for Natasha.”
“You're saying you did nothing wrong, you did not do what they're accusing you of doing?” asked Francesa.
Alex Rodriguez vents on Mike Francesa's radio show after losing 'my mind' during Wednesday's hearing.
“That's correct,” Rodriguez said.
Wearing a dark gray suit and polka-dot tie on the YES simulcast, Rodriguez described himself as persecuted by Major League Baseball and undermined by arbitrator Fredric Horowitz’s ruling that MLB had properly designated Manfred as the representative who explained the penalties the league imposed rather than Selig.
“Today I lost my mind,” Rodriguez said. “I banged a table, kicked a briefcase and slammed out of the room.”
He went on to attack the 79-year-old Selig, who lives in Milwaukee and whose office is there.
“I know you don’t like New York, but you’ve got to come face me,” Rodriguez said of the commissioner. “This is my legacy. I’m part of history. You tell me why I should serve one inning. 'Cause you’re retiring next year? That’s not fair, Mike."
“This has been a disgusting process for everyone,” said Rodriguez, who told Francesa he had been prepared to testify Friday if Selig took the stand on Thursday.
YOUTUBE
Mike Francesa (r.) lends a sympathetic ear to Alex Rodriguez during Wednesday's show.
“This should end with Selig on Thursday and me on Friday,” he said. “Put your money where your mouth is. ... Let the arbiter decide whatever he decides.”
MLB spokesman Pat Courtney told the Daily News that MLB has the right under the collective bargaining agreement to select the person it wants to use as a witness to explain the penalty the league has settled on in a doping case.
"In the entire history of the Joint Drug Agreement, the commissioner has not testified in a single case,” Courtney said in a statement. “Major League Baseball has the burden of proof in this matter. MLB selected Rob Manfred as its witness to explain the penalty imposed in this case. Mr. Rodriguez and the Players’ Association have no right to dictate how baseball's case is to proceed any more than baseball has the right to dictate how their case proceeds. Today's antics are an obvious attempt to justify Mr. Rodriguez's continuing refusal to testify under oath."
Denying that he used doping products supplied by Biogenesis and interfered with MLB’s investigation of the Miami anti-aging clinic, Rodriguez told Francesa that he deserved to play for the Yankees on Opening Day — but that he was through with arbitration.
"For me, I'm done," Rodriguez said. "I don't have a chance."
It remains unclear whether Rodriguez’s sudden departure signals a surrender or an escalation in his war with the league and the Yankees, who he says conspired to sabotage what remains of his massive contract.
“I have a lot of friends on that team,” Rodriguez said.
CHRISTIAN RED/NEW YORK DAILY NEWS
A-Rod, who says he sat through 10 days of testimony by 'felons and liars', signs an autograph before entering MLB headquarters on Wednesday.
One of his lawyers, Joseph Tacopina, told Michael Kay on ESPN Radio Wednesday afternoon that the case is headed to federal court, where A-Rod is expected to ask for a stay of the suspension, assuming Horowtiz upholds all or a sizeable a portion of it.
The arbitration was scheduled to resume Thursday morning at 9:30 despite the walkout, a process that would need to be completed before Rodriguez’s lawyers could even hope to get their case into federal court. If A-Rod’s legal team fails to appear (the player himself is not required to attend), Horowitz can rule on the evidence that has already been presented.
“I am disgusted with this abusive process, designed to ensure that the player fails,” Rodriguez said in a long statement released simultaneously with what appeared to be his staged exit from the league’s Park Ave. headquarters.
“I have sat through 10 days of testimony by felons and liars, sitting quietly through every minute, trying to respect the league and the process,” Rodriguez’s statement continued, apparently referring to MLB’s chief witness against him, Tony Bosch, the former owner of Biogenesis, the clinic baseball says supplied Rodriguez with multiple banned substances for three years. “This morning, after Bud Selig refused to come in and testify about his rationale for the unprecedented and totally baseless punishment he hit me with, the arbitrator selected by MLB and the Players Association refused to order Selig to come in and face me.
“The absurdity and injustice just became too much. I walked out and will not participate any further in this farce."
MLB responded with its own statement Wednesday afternoon, defending its collectively bargained and binding arbitration process.
KENDALL RODRIGUEZ/FOR NEW YORK DAILY NEWS
A-Rod, seen here outside of MLB headquarters earlier in the week, is upset that MLB commissioner Bud Selig isn't being forced to testify.
"For more than 40 years, Major League Baseball and the Players Association have had a contractual grievance process to address disputes between the two parties. This negotiated process has served players and clubs well. Despite Mr. Rodriguez being upset with one of the arbitration panel's rulings today, Major League Baseball remains committed to this process and to a fair resolution of the pending dispute.”
The Players’ Association also issed a statement, saying "The MLBPA believes that every player has the right under our arbitration process to directly confront his accuser. We argued strenuously to the arbitrator in Alex's case that the commissioner should be required to appear and testify. While we respectfully disagree with the arbitrator's ruling, we will abide by it as we continue to vigorously challenge Alex's suspension within the context of this hearing."
Rodriguez’s lawyers, Jordan Siev of Reed Smith and sports law expert David Cornwall, met with Horowitz before leaving the hearing to plan their next move with the rest of their legal team, including Tacopina and presumably the union.
Following Selig’s historic suspension of Rodriguez, Team A-Rod had threatened to take the case to federal court and sue both baseball and the Players’ Association. Rodriguez has already sued MLB and Selig in state court, a suit that baseball has asked to be removed to federal court.
From a strictly theatrical standpoint, Rodriguez’s walkout outdoes everything that predates it in a three-month saga already noted for its outrageous theatrics and over-the-top P.R. moves.
From a legal point of view, an attempt to move to federal court is risky; courts rarely take cases in which the parties have agreed to settle their differences via binding arbitration.
Lance Armstrong, for instance, never recovered legally from his decision to unilaterally suspend arbitration that courts deemed a necessary step before hearing arguments.
(Armstrong claimed the U.S. Anti-Doping Agency was on a “witch hunt,” a line Rodriguez has parroted. Both men launched civil suits, Armstrong in federal court, Rodriguez in New York state court, where he has already sued MLB and Selig.)
Now, it appears Rodriguez will add another case to his litigation list.
“They appeared to have nothing left to offer in this arbitration,” said one person who has followed the case. “They have to do something.”
http://www.businessinsider.com/alex-rodriguez-mike-francesa-interview-2013-11
( For the video , go to the link... )
A Furious Alex Rodriguez Denies He Used Steroids And Says Suspension Is About Bud Selig's Legacy
Yes Network
In the lengthy interview (see video below), Rodriguez railed against both Bud Selig and Major League Baseball with his voice at times cracking and clearly still upset.
"I've been taking it one day at a time and respecting the process and today I lost my mind," said Rodriguez. "I banged the table and kicked a briefcase and slammed out of the room...but what we saw today, it was disgusting and the fact that the man from Milwaukee that put this suspension on me without one bit of evidence, something I didn't do. And he doesn't have the courage to come look me in the eye and tell me this is why I get 211 [game suspension]?"
When asked if he was guilty of any of the accusations made by MLB, A-Rod angrily said "No and I shouldn't have to serve one inning."
Rodriguez was also asked about his relationship with Selig and whether this suspension was personal. "He hates my guts," said A-Rod. "100% I think this is personal and I think this is about his legacy and it's about my legacy. He's trying to destroy me. By the way, he's retiring in 2014 and to put me on his great big mantle, that's a hell of a trophy.
Later in the interview, A-Rod was asked if he was no longer participating in the arbitration hearing. "I'm going home to see my daughters," Rodriguez responded. "I'm so heated up right now and so pissed off that I can't think straight right...I'm going to huddle up [with my lawyers] and ultimately we will make a final decision."
Alex Rodriguez storms out of appeal hearing
Elsa
Alex Rodriguez reportedly stormed out of the room during his appeal hearing when independent arbitrator Frederic Hororwitz determined that Bud Selig did not have to give testimony. A-Rod slammed his hand down on the table and told MLB COO Rob Manfred he was "full of shit" and left the room.
Rodriguez released a statement about the incident:
"I am disgusted with this abusive process, designed to ensure that the player fails," Rodriguez said in a statement. "I have sat through 10 days of testimony by felons and liars, sitting quietly through every minute, trying to respect the league and the process."This morning, after Bud Selig refused to come in and testify about his rationale for the unprecedented and totally baseless punishment he hit me with, the arbitrator selected by MLB and the players' association refused to order Selig to come in and face me. The absurdity and injustice just became too much. I walked out and will not participate any further in this farce."
If the plan is to convince Horowitz that MLB is being unfair to him, having a temper tantrum is probably not going to help him out. Calling it a farce is also not going to make Horowitz any more likely to side with him either.
At the same time, if A-Rod's entire defense is that MLB was on a witch hunt, how can Selig not have to testify so that they have a chance to prove/disprove whether or not Rodriguez has a legitimate claim. Allowing Selig to get away without testifying gives off the message that the hearing is not interested in giving Team A-Rod a fair shake at trying to prove their point. It could easily be viewed as unfair, but reacting in the manner that he did will not help him in the future.
Alex Rodriguez was expected to testify some time this week, but now who knows what will happen. His lawyers stayed behind and filed an official complaint.
Audio: Alex Rodriguez blasts
Bud Selig, denies PED use on
WFAN with Mike Francesa
The Star-Ledger-USA TODAY Sports
After storming out of his arbitration hearing this morning because of a ruling that Bud Selig would not have to testify in his appeal, Alex Rodriguezappeared on WFAN with Mike Francesa to angrily spill his feelings on the Commissioner and the arbitration process he feels is unfair.
If you missed it, you can listen to the audio of the appearance in the embedded player below, courtesy of The Big Lead.
If you'd like to see the video, you can check it out on The Big Lead here.
Among the points of interest in the interview, A-Rod denies use of steroid use in connection to the Biogenesis clinic, blasts Selig for refusing to face him and explain his reasoning for the 211-game ruling, and accuses the Commissioner of hating New York.
The longer this case rolls on, the more twisted it gets. A-Rod has come across many times as artificial, but he seems legitimately upset by what has transpired behind closed doors in the arbitration hearing, for whatever that is worth. Rodriguez was set to testify after the Commissioner, but he says that he will not return unless Selig comes in and testifies himself. This case seems destined for a higher court at this point, and it's likely to continue getting uglier for the duration.
Hey Fred,
ReplyDeleteThe TPP agreement seems a lot like they are just writing the rules for slavery to me. Well tightening up the current slavery with some further rules and maybe formalizing which corporation gets which slice of the pie.
Good Zerohedge piece this morning, http://www.zerohedge.com/news/2013-11-20/guest-post-5-economic-big-lies-government-telling-you
Have a great day
Evening Kev ! Another day around the way... Looking short term , Harry Reid deploys nuclear option regarding the Filibuster ( for Executive and Judicial Candidates ) ..... Harry and Obama thought this was great today - but it the GOP retakes the Senate and 2014 and moves to defund ObamaCare , how much gnashing of teeth will be heard ?
DeleteTPP mystery - the one chapter disclosed by Wikileaks to date was for Intellectual property ( what gems are in the other chapters ?)
Regarding the five lies pice - probably points one and two are the most concrete and easiest to grasp for the average Joe / Jane. Point 3 and 5 are two abstract for Joe and Jane , their eyes glaze over after five minutes of discussing these items. Four has become self- evident , but the worse is yet to come.