Showing posts with label Legal Problems. Show all posts
Showing posts with label Legal Problems. Show all posts

Monday, February 1, 2010

16 Days Until Spring Training: Dwight Gooden

With the fifth pick of the 1982 draft, the Mets selected a lanky right handed pitcher from Tampa, Florida with an incredible amount of raw talent but only two years of experience pitching in high school. Gooden was not yet Doctor K. and had only begun to harness his talents when the Mets started him in Rookie Ball in Kingsport, Tennesee that year. He won the MVP of that league and finished the '82 season in Little Falls with the Mets' NY-Penn League team.

Gooden started 1983 in High-A ball and proceeded to destroy the Carolina League with a 2.50 ERA and 19-4 record, leading the 1983 Lynchburg Mets to a 96-43 campaign, 10.5 games ahead of their next closest competitor. After jumping all the way from from High A-ball to the Big Show in 1984, he pitched 218 innings at a 2.60 ERA and won 17 games. He also took home the Rookie of the Year, finished second in the Cy Young voting, became the youngest All-Star in the history of the MLB, and struck out all three hitters he faced in the game.

Doc's '85 season made his rookie campaign look pedestrian. Dr. K tossed 276 2/3 innings and the only time his ERA was over 2.00 that year was after his first start of the season. He won pitching's Triple Crown, leading the league in ERA (1.53), wins (24) and strikeouts (268). He threw 16 complete games, including two back to back CG shutouts in September although he received a no decision in both. That year the Mets won 98 games but finished 3 games out of the postseason.

When the Mets won the World Series in 1986, Gooden threw 250 regular season innings at a 2.84 ERA, won 17 games and made it back to his third All-Star game in his first three years as a pro. He didn't get the decision in any of the games he started that postseason (and actually took three losses), but in Game 5 of the NLCS against Houston, Doc went 10 innings and only gave up one run. He missed the Mets victory parade that year and told people he overslept, but those closest to him knew the truth. He was already an alcoholic with an even more serious addiction about to be publicly revealed.

In December of that year, Gooden's legal troubles began, when he was arrested after being involved in vicious brawl with Tampa police. The officers were accused of racism and thought to have used excessive force so when the District Attorney released a report clearing them of any wrongdoing, 3 nights of rioting in Tampa ensued. In Spring Training in 1987, Gooden tested positive for cocaine, agreed to enter a rehab center, and as a result didn't make his first start until June 5th. However, that didn't stop him from winning 15 games and finishing 5th in the Cy Young Voting.

Still only 23 years old in 1988, Gooden threw 248 more innings of a 3.19 ERA, picked up 18 wins and made another All-Star team. Unfortunately, his 1988 season might best be remembered by the game tying home run he gave up to Mike Scioscia in a game they eventually lost to the Dodgers, leveling the NLCS at 2-2, instead of giving the Mets a 3-1 lead.

After missing more than half of the '89 season (but still pitching effectively in his appearances), Gooden had another very solid season in 1990. He struck out 223 in 232 2/3 innings, finished 4th in the Cy Young voting, and even got some acknowledgment in the MVP race. On two terrible Mets teams in 1992 & 1993, Gooden threw over 200 innings to about a 3.50 ERA twice, but picked up only 10 & 12 wins respectively.

Doc started off his 1994 season on the wrong foot, giving up 7 runs against the Cubs. He responded by kicking a step in the dugout and breaking his toe and went on the disabled list after only three starts. After he returned in June, he did cocaine for the first time in more than 6 years after it was offered to him at a nightclub in Manhattan. The downward spiral began quickly and the Mets announced on June 28th that he had violated the terms of his after-care program and would be suspended 60 days. After a month-long stay at the Betty Ford Center, Gooden fell off the wagon and began drinking and doing coke once again. He failed at least 8 drug tests and received a letter from Bud Selig that September informing him that he would be suspended for the entire 1995 season. It was during that time that he entered narcotics anonymous and began really trying to stop his destructive habits.

His problems with substance abuse, the extended period without pitching and the 1172 2/3 innings he threw from the ages of 19-23, all took their toll on Gooden. He returned to baseball in 1996 and signed with the Yankees but - except for some brief flashes - he was never the same again.

One of those fleeting moments of greatness game on May 14th against the Mariners when Gooden threw a threw a no-hitter. Just before the game, he had learned that his father needed a double by-pass surgery but he decided to take the mound instead of flying back to Tampa to be with his family. Unfortunately that game was the equivalent of sinking a hole-in-one on the way to shooting an 85, as he finished the season with an ERA of 5.01 and was left off the postseason roster.

He returned to the Yanks in 1997 and threw only 108 1/3 innings, but this time he did manage to be included on the 25 man for October. He started Game 4 of the ALDS and handed the bullpen a 2-1 lead after 5 2/3 innings but Mariano Rivera blew the save in the 8th. Despite appearing in 12 of them, Doc was never able to record a win in a postseason game.

At George Steinbrenner's insistence, Gooden was added to the Yankees in the middle of the 2000 season after he was released by the Devil Rays. He was a pretty useful piece for the Yanks that year, pitching 64 innings split between starts and relief appearances and recording a 3.36 ERA. He came in from the bullpen twice that postseason but sadly not against his former team in the World Series.

Since he retired in 2001, Gooden has had more than his fair share of legal troubles, spending time in jail and rehab for DWI, cocaine use and violating probation. In 2006, he chose to do time as opposed to extending his probation in hopes that being in prison would finally help rid himself of the addictions that dragged down his career. So far, it has. Gooden is now working as a Senior VP for the Newark Bears and has plans to open the Dwight Gooden Baseball Academy in New Jersey this year.

Gooden's story is simultaneously incredible and terrible. He had an ephemeral, meteoric rise at an impossibly young age. He also had an inescapable and tragic decline far too soon. Although he won 91 games by the age of 24, he ended his career with only 194.

Like many of the Yankee greats we have profiled in this countdown, Gooden holds a special place in the minds of the franchise with which he was most inextricably linked though his career wasn't great enough to get him into Cooperstown. Happily, the Mets recently announced that Doctor K, former Yankee Darryl Strawberry, Davey Johnson and Frank Cashen would be inducted into their Hall of Fame.

No word on whether their musical efforts will ever be given such recognition:




Monday, June 1, 2009

Randy & Lonn Go To Court

Our New York State Capital Correspondent, Big Willie Style, informed me that our two least favorite Yankee Front Office execs are back in Albany today, talking with Richard Brodsky. Brodsky, as you may recall, became a Fack Youk favorite when he challenged Levine to an "in-your-face fistfight" back in January. 

Trost and Levine's side of the argument have called Brodsky's demands "grandstanding", "a personal vendetta", and "a grab for attention on his part". 

Brodsky complains the Yankees are "bullying" him and has countered by pointing out that the New Stadium has cost roughly twice as much as Citi Field, and claiming "The state could have bought the Yankees for less than it cost to build the stadium."

The issue that they argued over today was the release of records in conjunction with the construction of the New Stadium that Brodsky is demanding. The assemblyman from Westchester wants to see roughly 1.39 million emails and attachments and 408 boxes of records. The Yanks claim the emails alone would cost $5.5M to process with the paper records adding "several million more dollars" to the cost. 

One comment I found interesting from Trost was: 
I am fairly certain that some of those boxes contain documents relating to the project, however the boxes are not indexed in such a way as to determine which boxes contain such documents and therefore a fulsome review would need to be undertaken to determine which boxes contain responsive information.
On one hand, the Yankees are crying foul that they will have to pay, say $8 or 9 million dollars for the documents to be "fulsome(ly) review(ed)" by a swarm of lawyers being paid by the hour, but they are also the ones claiming that it is necessary for them to be reviewed. Maybe you should have organized the documents produced during the 1.5 billion dollar construction project a little better, Lonn.

After talking with our resident law school graduate, Joe, I've gathered that the review allows the Yankees the chance to redact anything confidential before it becomes part of the public record. As a private business, there are a vast array of things they don't need to disclose, but that would not include documents relating to public financing. 

Even if Brodsky does manage to force the Yankees to turn over the relevant documents, it will be after the Yankees' lawyers have had a chance to pour over them with a fine-toothed comb, a process that will certainly take a great deal of time. After that, The State will have to review what is turned over to them, which will most likely take as long or longer and cost the taxpayers even more money. 

In principle and for the sake of transparency, it seems like the Yankees should have to turn over these documents, because while $5.5M is a lot of money, they've received far beyond that in State funding for the project. What I'm thinking after doing some digging on the issue is that, A) It's going to take an eternity to do this and, B) I highly doubt that the Yankees are going to anything incriminating slip through the cracks if they can help it.

Sorry Brodsky, but I'm still in your corner for the Randy Levine fight. 
 

Thursday, February 12, 2009

Roberto Alomar Might Be A Scumbag, But It's Not Going To Cost Him $15M

"...I'm sorry, I wish it was something less seeeeeriousss."

You know, Robby, despite all the hard feelings between us over the years, deep down we Mets fans always knew you were a class act. Your "blockbuster" acquisition in 2001 actually did more harm than good by dashing our audacious hopes for a meaningful season during one of the franchise's darkest periods since the Worst Team Money Could Buy. You still left your mark in club record books folklore by batting a scorching .266, mashing 15 really-long balls, and slugging a brawny .376. Nor have we forgotten those 11 adorable times that your once-golden glove let those silly, tricky lil' hops squirt through the infield for errors. Nope, you kept the "asshole second baseman" tradition - which began with Jeff Kent - alive in Flushing; that torch is now safely held in the geriatric, osteoporosis-riddled hand of Luis Castillo.

So Roberto Alomar has AIDS, and his ex-girlfriend (Ilya Dall) is suing him for $15 million for allegedly insisting on having unprotected sex with her. Where to begin with this story? Well first of all, the plaintiff is a former female arm wrestler , appears to be some species of cougar, and is a current proprietor of a "massage spa" in Queens. I guess one can't be too selective when he [at least suspects he] has an incurable, contagious disease that spawns male yeast infections.

The allegations themselves are less amusing. I don't know whether to laugh somewhat inappropriately or cringe. It strangely hits home, perhaps because Robby - though an oft-cursed part of our past - was nevertheless a Met for whom I rooted (I have never, nor will I ever boo a Met while he's a Met, including Heilman). Moreover, his father Sandy is the Mets' current bench coach, and has been in the organization for a while now - though he claims he somehow had no idea that his son had AIDS.

The health details provided by the Daily News - presumably scooped from Dall's complaint - are harrowing and just plain sad: chest masses, shingles, mouth foaming, spinal taps; the kind of stuff I wouldn't wish upon Shane Victorino (I'm pretty sure). Furthermore, the story reports that Alomar allegedly told Dall that he had contracted AIDS when he was raped by two Mexican men after playing a ballgame in New Mexico or a Southwestern state when he was 17. Whether or not the assault was the cause of his disease, it's still awful and makes me feel bad for Alomar; if true, I doubt he had access to proper physical & mental health channels as a minor leaguer in the 80's.

However, if what Dall alleges is in fact true, Alomar is a pretty huge scumbag. In the legal sense, in New York, acting with a substantial certainty that a particular harm will occur (in this case, that Dall would likely be infected with HIV) constitutes an intentional tort. Even if Alomar didn't know or suspect that he had HIV or AIDS - which I find extremely hard to believe given the circumstances in the story - he could be found liable in a garden-variety negligence claim; any reasonable person in his situation would've or should've known that insisting on unprotected sense was wrongful conduct. Though I don't know offhand, in some states Alomar's alleged conduct might even constitute criminal liability, on some sort of super recklessness charge.

That's not to say Dall is completely blameless. If you were a woman even considering having sex with someone whom you suspect might have, oh I don't know, AIDS, wouldn't you at the very least not let him rawdog you, and maybe even condition entrance to your va-jay-jay on his consenting to an STD test? The fact that Dall had consensual sex with Alomar despite her suspicions might allow Alomar to raise an "assumption of risk" or "comparative negligence" defense- that Dall voluntarily took on the risk of possibly contracting AIDS or is at least partly responsible, respectively. Finally, there's no way Dall is getting $15M even if she wins. If a sympathetic/stupid jury actually gives her that much, it's likely to be set aside by an appellate court.

Furthermore, in order to be found liable, there has to have been an actual harm (damages). I haven't read the complaint, but the Daily News reports that Dall is claiming $15 million in punitive damages for emotional distress and suffering. Not only are such damages completely arbitrary and abstract (how do you value "emotional distress?" And shouldn't she just be psyched she didn't get the HIV?), when it comes to damages, the court will generally be concerned with restoring the plaintiff to his/her state before the harm occurred; punitive damages are only levied when the state wants to deter future actors (usually corporations) of doing the same thing. I doubt there are a bunch of crazy, AIDS-infected scumbags out there following this case closely ready to act accordingly. In fact, I'll bet Big Willie Style $20 that Alomar moves for summary judgment and the case is thrown out of court before jury selection begins. Of course, there's always the possibility that Alomar and Dall will settle, but since Dall's seeking Kevin Brown's yearly salary during his pre-dugout wall-punching days on the Dodgers, and since Alomar probably needs whatever funds he can round up for some Magic Johnson-quality AIDS treatment, I'm not sure how likely he is to settle.

Alomar moved the suit from State Supreme Court in Queens to Federal District Court in Brooklyn - right next door to me. Alomar is allowed to do this because he is a citizen of a different state than Dall ("diversity jurisdiction"), and was probably worried that a Queens jury and/or court would be biased against him - perhaps because of his awful tenure with the Mets.

As an aside, I find it hilarious that after Alomar infamously spit in umpire John Hirschbeck's face, fellow umpire Al Clark felt the need to publicly suggest that Hischbeck insist that Alomar get tested for AIDS. I find this funny for two reasons: 1) Wouldn't it make more sense and be easier for Hirschbeck himself to get tested? 2) I believe it was in 5th grade, during sex-ed, when we learned that "[y]ou can't get AIDS from Bobby from hugging him, or using the same drinking fountain as him, or shaking his hand..." Also, why "AIDS?" Were there rumors circulating in 1996 among MLB's inner circles that Alomar was a silent carrier? Bizarre, right?

If the case makes it past preliminary motions, which I doubt it will, I might try and sit in on some of the trial proceedings. Just think: an embedded Fack Youk blogger bringing you late-breaking Robby Alomar AIDS trial updates from inside the Federal Courthouse.

That sounds like a lot of work though; I'd probably need to get me some aides.

Wednesday, January 28, 2009

Number of Days Until Spring Training: Dwight Gooden (#16)

When Doc Gooden played for the Yankees, he wore #11 in 1996 & 1997, and #17 when he returned in 2000. Obviously, he would have liked to wear #16, which he adorned while with the Mets, but it had already been retired in honor of Whitey Ford, who Cliff will pay tribute to later today.

Gooden burst on to the scene as a 19 year old in 1984, after destroying the Carolina League and leading the 1983 Lynchburg Mets to a 96-43 record, 10.5 games ahead of their next closest competitor. After jumping all the way from from High A-ball to the Big Show, he won the Rookie of the Year, finished second in the Cy Young voting, became the youngest All-Star in the history of the MLB, and struck out all three hitters he faced in the game.

His '85 season made his rookie campaign look pedestrian. Dr. K tossed 276 2/3 innings and the only time he had an ERA of over 2.00 was after his first start of the season. He won pitching's Triple Crown, leading the league in ERA (1.53), wins (24) and strikeouts (268). He threw 16 complete games, including two back to back CG shutouts in September in both of which, he got a no decision. That year the Mets won 98 games, but missed the playoffs.

When the Mets won the World Series in 1986, Gooden threw 250 regular season innings at a 2.84 ERA, won 17 games and made it back to his third All-Star game in three years as a pro. He didn't get the decision in any of the games he started that postseason, but in the NLCS against Houston, Doc went 10 innings and only gave up one run.

In December of that year, Gooden's legal troubles began, when he was arrested after being involved in a "full scale brawl" that took 20 police officers to contain. In Spring Training in 1987, Gooden tested positive for cocaine, agreed to enter a rehab center, and as a result didn't make his first start until June 5th. That didn't stop him from winning 15 games and finishing 5th in the Cy Young Voting.

Still only 23 years old in 1988, Gooden threw 248 more innings of a 3.19 ERA, picked up 18 wins and made another All-Star team. Unfortunately, his 1988 season might best be remembered by the game tying home run he gave up to Mike Scioscia in a game they eventually lost, leveling the NLCS at 2-2, instead of giving the Mets a 3-1 lead.

After missing more than half of the '89 season (but still pitching effectively in his appearances), Gooden had another very solid season in 1990. He struck out 223 in 232 2/3 innings, finished 4th in the Cy Young voting, and even got some acknowledgment in the MVP race. On two terrible Mets teams in 1992 & 1993, Gooden threw over 200 innings to about a 3.50ERA twice, but picked up 10 & 12 wins respectively.

Perhaps it was his problems with substance abuse or the 1172 2/3 innings he threw from the ages of 19-23, but Gooden never regained his dominant form.

After signing with the Yankees in 1996, he threw a no-hitter on May 14th against the Mariners, which was unfortunately the equivalent of sinking a hole-in-one on the way to shooting an 85, and was left off the postseason roster.

He returned to the Yanks in 1997, threw only 108 1/3 innings, but managed to make the postseason roster, where he started Game 4 of the ALDS. Gooden left after 5 2/3 leading 2-1, but Mariano Rivera blew the save in the 8th inning. Despite appearing in 12, Doc never got the decision in a postseason game.

At George Steinbrenner's insistence, Gooden was added to the Yankees in the middle of the 2000 season, but didn't pitch against the Mets in the World Series, thereby summing up the anticlimactic nature of his career. Although he won 91 games by the age of 24, he ended his career with only 194.

Since he retired in 2001, Gooden has had more than his fair share of legal troubles, spending time in jail and rehab for DWI, cocaine use and violating probation. In 2006, he chose to do time as opposed to extending his probation in hopes that being in prison would finally help rid himself of the addictions that dragged down his career.

Gooden's story is simultaneously incredible and terrible. He had an ephemeral, meteoric rise at an impossibly young age. He also had an inescapable and tragic decline far too soon.

We all know people who have tussled with the demons of addiction and substance abuse. Here's to hoping Dr. K can summon "Lord Charles" and strike them out for good.

Thursday, January 8, 2009

Pacman or Vick?

With Pacman released--Who gets picked up by an NFL team first?

Mike "Don't Call Me Michael" Vick

OR

Adam "Don't Call Me 'Pacman'" Jones?

For sure, the prime candidate for any team to pick up any of these two is the Oakland Raiders.

Vick

Vick gets out of prison in January and is expected to go to a halfway house. Perhaps he will be ready by Training Camp.

Vick is a horrible QB but would be extremely useful in the Wildcat. But he carries a much worse stigma than Pacman.

Detroit could also use him. In my opinion, there is not much a risk of Vick in Detroit. Detroit is even more of a ghetto city than Atlanta. I also don't see how Detroit can be against giving somebody a second chance when the fate of their entire city may rest on the federal "bailout" money given to the Big 3 Auto companies. Detroit is coming off a winless season, the first ever 0-16 season and will be looking to win games. Vick can win at least 1 game by himself. That will be of more importance to Lions fans than any stigma associated with Vick.

Pacman

Pacman is a short cornerback. His hyped punt return prowess was non-existent last year. Unlike Vick, he has lingering alcohol and legal problems.