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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


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.

 
 
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07:40 PM on 12/14/2007
baseball is phony now. get real.
03:09 PM on 12/14/2007
Spoken like a true lawyer. Short of being deaf, dumb, and blind you had to know that a lot of the player(ones that that gain a lot of muscle or kept getting better and better with advancing age,etc) were taking something that enhanced their performance.Just because you can get around a test or that nobody seems to care doesn't make it legal or the right thing to be doing. You are probably right that no one one cares because an awful lot of people have given up on sports because of the way they are being run. Just don't claim that they would be just as good without taking the performance enhancing substances! Records by anyone using, don't mean anything to a true sports fan. Modern sports are a big, big joke, played by a lot of people only interested in M money(everybody needs to make a decent living)and records so a few can make an obscene living!
02:52 PM on 12/14/2007
Baseball turned into soap opera. How more American can a news story be? In case you haven't noticed it, Americans are less about truth and justice than about scandal and accusation. Our failed education system, coupled with a near majority who find religious explanations to be more credible than the scientific, and think patriotism comes before critical thinking, can't but be swept up by the zeal with which fingers have been pointed, and promises of Biblical wrath and vengeance, will be forthcoming. What next to prohibit is probably on the agenda - as the poular media and internet are already suggesting Hall of Fame exclusion may be the price-I'm thinking that some of the marginal performers pinned to Mitchell's wall might even relish the thought that they might be denied admission due to steroids, which their performance never would have warranted.
02:16 PM on 12/14/2007
I saw Sen. Mitchell interviewed on PBS's News Hour with Jim Leher last night. Mitchell's response to a question asking whether or not there was any evidence that the players named in the report came from anyone other than the lone Balco drug distributor who has talked - as a result of a deal with his prosecutors - was forcefully direct: the players were all asked if they would care to comment about the accusations, and all to a man declined. Mitchell published their names because they REFUSED to testify either "yes" or "no" to the accusations. Mitchell also stressed that the greater tragedy is that American children in numbers in the thousands - possibly over 100,000 - are using these drugs, drugs which are a far greater hazard to young bodies than to adults. He also said that he didn't want any punishment to be exacted on the players who are guilty of using these drugs, since for many it wasn't a crime two years ago when most of them played, and who have since retired from the game. The current commissioner has said that there will be punishment for the players who are still in the game and who are guilty. Mitchell also pointed out that only a relatively few players are involved, but that all of baseball has gotten a black eye.
As to your points: for you to assert that these drugs do not make a difference in performance is ludicrous: why would these players use them otherwise? For you to assert that no one cares is simply ridiculous. My evidence, albiet anecdotal, is that many folks who once supported baseball have ended that support as a direct result of the drug scandal.
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ibsteve2u
Someone who cares - to his unending regret
02:11 PM on 12/14/2007
"Using illegal substances is bad business."

That statement implies that "Big Baseball" would have had a business case to go to extremes to halt the use of steroids and hormones.

Given the known facts, it would have been more appropriate to say:

"Getting caught using illegal substances is bad business."
11:21 AM on 12/14/2007
The Mitchell investigation was certainly a worthwhile endeavor. However, the results should have gone, in strict confidence, to leadership of MLB and the Player's Union, who then should have used it to create a robust solution going forward.
Revealing these names only tarnishes these players, without hard evidence, and the sport, which already has a black eye.
Selig says he will act swiftly to deal with this issue. To do so, he would have acted in the early 90s. I'm afraid what he means at this point is that he will magnify the damage of past steroid use in the sport in an effort to look, at long last, like a strong leader. In fact, this is just more bad leadership.
That steroid use has been and probably still is a widespread problem is obvious. The commissioner, MLB, the Player's Union and the players are all to blame. But there is NO good way to deal with the past on this one. The remedies are all worse than the disease. The only solution is to focus on the future in an effective, convincing manner, and bury the ineptitude and corruption of the past with consummate honesty and effectiveness. Unfortunately, none of the parties involved seem up to the task.
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11:20 AM on 12/14/2007
I guess there are going to be alot of asterisks after the names of future Hall of Fame inductees. And if asterisks are placed after all Hall of Fame inductees admitted prior to 1965, because the exclusion of Afro-American players prior to 1949 meant that all of the inductees did not play against the best competition, perhaps the Hall of Fame will only include members with asterisks after their names, except for a very few.

What is the difference between athletes using performance enhancing prescriptions and actresses having breast enhancement surgery -- or office workers using penicillin -- or drivers using No Doze? Maybe Congress should have hearings about breast enhancements, No Doze and penicillin.

This is the stupidest thing I've seen in a long time, whether Mr. Abrams is right -- and the Mitchell report is the equivalent of a legal lynching or it accurately accuses the athletes of using steroids.
11:03 AM on 12/14/2007
If the purpose of the report is to afix blame, then I agree that it is insufficient to attach guilt to anyone. If the purpose of the report is to force the acknowledgement of a problem, or problems, then I would argue it is more than adequate.
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wrabbitt
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10:36 AM on 12/14/2007
What no dog fights? So baseball has taken one on the chin instead of in the back. Face it baseball is not what we grew up with. we changed, baseball didn't, When i was twelve i knew the whole line up of the yankees,i'm 57 now and, Baseball has left a bad taste in my mouth since the strike, many years ago, when i realized it was all about money, and not the game,or the fans. I don't attend or watch games. So i guess baseball will take its place in history as the game that was. I'ts still about money, like politics, but, it has lost its luster, ask a child what they want to be when they grow up and they say "Rich so i can do anything i want."
09:01 AM on 12/14/2007
I think that the worst part of having some - any - professional sports players using performance-enhancing drugs is that they are cheaters.

It's not the bulk or the physique those athletes get that makes steroid use a bad thing for the fans and for kids. It's not the change in performance. It's not the records set. It's not the medical side effects. It's not the drugs per se. It's the idea that in order to succeed in one's chosen profession, one must break the rules - cheat - in order to get ahead.

We have a generation of kids growing up to see stars getting millions of dollars every year by cheating. Many Americans still support cheating, not because we threaten to hold congressional hearings on the subject (Congress has nothing better to do?), but because we still pay attention to those sports on TV, on the radio, and in person.
08:44 AM on 12/14/2007
All baseball stats since, say 1985, are suspect. That's 22 years ago. No asterisks...let's just categorize the period between then and today, as the Steroid Era, as
the days of the White Men Only Era, the Deadball Era, the Spitball Era, the Greedy Owner's Era, and the Hopped-up Ball Era have been categorized, and be done with it. The last time I took baseball seriously ended when O'Malley uprooted the Dodgers from Brooklyn in 1957. Where have you gone, PeeWee and Preacher?
10:59 PM on 12/13/2007
Great post. I agree, lets move on. However, I am very disturbed, that congressional hearings are planned. Not only is this a waste of scarce resources, but also, unnecessary involvement by Congress.

cjm
Nova Law "1990"
10:10 PM on 12/13/2007
The lockout to which you referred was 1994-95, not 2004-05.

Talk about facts not in evidence.
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07:14 PM on 12/13/2007
"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?"

Do you really believe that these players purchased performance-enhancers and didn't use them? Maybe you think that Roger Clemens, Barry Bonds, and Jason Giambi are secretly gay and bought the drugs for their body-building boyfriends.
05:28 PM on 12/13/2007
"Just take the good with the bad, treasure the game and get on with life."

Not I. Steroid use ruins the excitement of competition for me. Until the sport is 100% clean, I won't have anything to do with it.

Just take a look at professional bike racing to see what steroid use can do to ruin a sport.

Granted, it might be good for people like you and big business.