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Roger I. Abrams

Roger I. Abrams

Posted: December 13, 2007 04:21 PM

Baseball's Mitchell Report a Platter of Hearsay and Innuendo


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The Mitchell Report has served the American public a platter filled with hearsay and innuendo that tarnishes the reputation of dozens of America's finest athletes and the sport they play for our entertainment. As far as we know, none of the players on Mitchell's list ever failed a drug test. Their alleged "crime" was being on someone else's list as a purchaser of performance-enhancing substances. Did they use those substances? Did they affect their performance? We will never know.

Good lawyers learn early the value of cross-examination in assessing truth. Prosecutorial accusations are just that - accusations. Unless a witness is put under oath and subject to questions, his credibility is based only on reputation and status. In hearing over 2000 labor arbitrations over the last thirty years, I have heard many fine, upstanding witnesses lie to me with a straight face. Cross-examination points out the inconsistencies in their testimony and the contradictions with prior stories.

That does not mean that the Mitchell Report is without value. It was a good faith attempt led by a good lawyer and statesman to save baseball from this scourge of innuendo and media accusation. The Report spreads the blame widely -- MLB, clubs, union, etc. -- but saves none for the fans who have long enjoyed the performances of these belatedly accused players. It assumes two facts not in evidence: (1) that these substances would make a difference in how the game was played and (2) we really care. I am yet to be convinced of the former, and the latter seems questionable. We want our athletes powerful, big and healthy.

Make no mistake. Using illegal substances is bad business. Artificially bulked up bashers are bad role models for our kids. Any lush who lived life to excess, like Babe Ruth, should not be emulated, but remember he saved the game after the perfidy of the Black Sox game-fixing scandal. So too did Mark McGuire and Sammy Sosa after the 1994-95 strike.

Just take the good with the bad, treasure the game and get on with life.

Read more news and blog posts on the Mitchell report on steroids in baseball here.