Ethics Quiz: Is Jose Fernandez: A Fallen Hero or A Dead Asshole?

When Miami Marlin pitching star Jose Fernandez died, along with two friends, in the night crash of a speedboat he owned, the city of Miami and Major League Baseball was thrown into a state of extended grief. Not only was the 24-year old pitcher the super-star of the Miami Marlins franchise, but, we were told, was a young man of extraordinary character as well. He had the brightest future imaginable. Fernandez was expected to earn between 300 and 500 million dollars during what was expected to be a Hall of Fame caliber career. His girlfriend was pregnant. He was already a role model and a celebrity.

After his death, the team mourned their fallen star with dignity and emotion. This season, the Marlins to honor plan his memory in various ways.

But.

After nearly six-month investigation, The Florida Fish and Wildlife Conservation Commission’s report on the accident  concluded  that Jose Fernandez was driving the speed  boat when it crashed. killing the pitcher, Eduardo Rivero and Emilio Macias  in the early morning of Sept. 25, 2016. Fernandez’s blood alcohol level was .147 and there was “noted presence of cocaine,” according to the Miami-Dade Medical Examiner’s toxicology report.

The speed of the 32-foot vessel during the impact of the crash on the north side of a jetty was 65.7 miles per hour, far too fast for the conditions and the area. The report concludes:

“Fernandez operated V-1 with his normal faculties impaired, in a reckless manner, at an extreme high rate of speed, in the darkness of night, in an area with known navigational hazards such as rock jetties and channel markers.”

Your Ethics Alarms Ethics Quiz of the Day:

Is it ethical, responsible and right for the Miami Marlins, or anyone, to honor Jose Fernandez in light of these revelations?

Continue reading

Screwing Over Mexico In The World Baseball Classic: Now THAT’S A Stupid Rule…

Rationalization #30. The Prospective Repeal: “It’s a bad law/stupid rule,” is a widely employed ethics dodge, used by everyone from drug dealers to tax cheats. It doesn’t mean that many rules are not bad and stupid however. The World Baseball Classic just demonstrated its management’s incompetence with one of them. As is often the case when bad rules and laws prevail, injustice is the result.

Sixteen national teams are competing in the World Baseball Classic, a relatively new baseball tournament played during MLB’s  Spring Training. There are five pools of teams in an elimination tournament. The competitors this year (the tournament is held every four years, sometimes three—never mind, they are still working it out) are Japan, Taiwan, China, SOUTH Korea (the first version of this post erroneously said “North”—wishful thinking on my part), Mexico, Cuba, Columbia, Puerto Rico, the Dominican Republic, Venezuela, Australia, Italy, the Netherlands, Canada, the U.S., of course, and…Israel. Pool competition just ended (the US is moving on to the next round) and Mexico, Venezuela and Italy all finished with records of 1-2 in their pool games. The tournament doesn’t have time for extended play-off games, so a tie-breaker was triggered.

Under Classic tiebreaker rules, the two teams with the fewest runs allowed per defensive inning in games played between the teams tied during the tournament play an elimination game, and the other is eliminated. The calculation of runs allowed per inning includes “partial innings.” (Hold that thought.) Major League Baseball announced that Venezuela (1.11 runs allowed per defensive inning) and Italy (1.05 runs allowed) will play an elimination game, with Mexico (1.12) out of the tournament. Here is how it stacked up: Continue reading

Why Shouldn’t Baseball Star Jose Abreu Be Deported?

No,no,no! Not “passport to eating,” EATING A PASSPORT!

There was a trial, still ongoing,  in a Federal court in Miami last week, where sports agent Bartolo Hernandez and baseball trainer Julio Estrada were tried before a jury for alien smuggling and conspiracy. Prosecutors say they operated a ring that took Cuban players from the Castros’ island to other countries where they could established residency and sign lucrative Major League Baseball contracts.  The big surprise in the trial came when star Chicago White Sox first baseman Jose Abreu told a Miami federal jury Wednesday how he ate his fake passport while flying to the U.S. to cover up the fact that he was arriving illegally as a prime participant in the smuggling operation.

Abreu said he ordered a beer on an Air France flight from Haiti to Miami and used it to wash down the section of his passport showing a false name with  his photo. The reason the unique meal was urgent? Money. Abreu was about to  miss an October 2013 deadline that would forfeit the $68 million agreement he had in place withe White Sox.

“If I had not been there on that particular day, the deadline, then the contract would not be executed and would no longer be valid,” Abreu told jurors. “We had to be in Chicago to sign the contract.”

Ah. Then that’s all right, then!

Abreu the was American League Rookie of the Year in 2014. He  testified under a grant of limited immunity, meaning he wouldn’t be prosecuted if he told the truth on the witness stand.  Jurors learned that the slugger got the fake passport in Haiti, where he and his family had escaped to from Cuba by speedboat in August 2013. One of the associates of Hernandez and Estrada—naturally, the smugglers got a cut of Abreu’s contract—obtained the fake passport and booked the Air France flight, telling the ballplayer to destroy the document on the plane. .

He did not tell him to eat it. Continue reading

Ethics Hero: St. Louis Pitcher Adam Wainwright

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It’s Spring Training for Major League Baseball, and all over Florida and Arizona established millionaire baseball stars are getting in shape, while impoverished minor league veterans are hoping to nab a big league roster slot that will alter their finances, careers and lives. The dirt wages teams pay their minor league players is an ongoing scandal, as life in the minors still consists of bus rides, crummy motels and cheap eats, with no job security, no pensions, and little respect. Most of the latter is reserved for the hot young prospects expected to be stars within a couple of years.

These two worlds of Lexus-driving superstars and subsistence-level grunts merge in March,  as the Cactus League and the Grapefruit League play exhibition games before retirees and out-of-state fans.

Ryan Sherriff, 26, is from that Other World. He is  a non-roster invitee to the St. Louis Cardinals camp, hoping to establish himself on the team’s pitching depth chart for a mid-season call-up when there is an injury or a trade. At his age, time is running out. Ryan  also is at camp on his own dime. Every day, Sherriff  made the 10- to 15-minute walk from his rented condo to the ballpark. He then walked  back after workouts.  When he needed food, he walked 15 minutes in the other direction to get groceries.

On one of those walks last week, Cardinal starting pitcher Adam Wainwright was driving by, noticed Sherriff walking and realized that he had seen him do this several times. Wainwright stopped and inquired, and learned that this was his temporary teammate’s mode of transportation as long as he was in Florida.

A couple days later, a Nissan Altima rental was delivered in Sherriff’s name  at the ballpark, all expenses paid by Wainwright. Continue reading

Comment Of The Day I: “The “Transitioning” Female Wrestler: A Failure Of Ethics And Common Sense”

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Jeff H, along with Tim LeVier and Glenn Logan, represents the longest commenting ethics observers on this site, their participation going back to the old Ethics Scoreboard. It is always a special pleasure to welcome one of them to a Comment of the Day honor, for, like all who venture into the comment wars, they have done a great deal to provide lively, perceptive and useful content here, and I am more grateful than I can express. (Jeff, a cartoonist, also contributed the drawing of Muhammad as cute Teddy Bear you will periodically see in the side header.

Here is Jeff H’s Comment of the Day on the post, “The “Transitioning” Female Wrestler: A Failure Of Ethics And Common Sense”:

OK. Here’s what I think:

I am the sort of person who thinks a person is whatever they feel they are inside. People like to talk about, ‘well, a transperson will never really be a woman” or whatever. I’ve not got much time for that. I ain’t got it in me to judge people for something like that. As I said to someone who was talking about the ‘perverts’ who dress like women, “Far as I care, I ain’t going to say you’re wrong. You are whatever you say you are. You say you’re a toaster, I’ll give you two pieces of bread.”

That also means that I think that a transperson should use the bathrooms they’re comfortable with. The notion that there are creeps purposely crossdressing to get into the ladies’ room seems basically fictitious. Even if it was true, unless it was to a gigantic density, I don’t see that as a legitimate reason to force them to use a bathroom they’re not comfortable with.

(It’s been going around, but there have been three Republican congressmen arrested for inappropriate conduct in men’s rooms, and they say no transpeople have been arrested for the same. I hope it doesn’t turn out that is HAS happened, but if it had… I think someone would have brought it up by now.)

So this is where I stand on the issue of the transgendered. I try to be as permissive and accepting as possible without being dismissively so. I’m not likely to budge on this, since most of the arguments against it seem similar to the anti-homosexual arguments most of us reject on sight.

Having said this… if Mack is really, in his heart of hearts, a male… then I don’t understand what possible pride he can take beating a bunch of girls at a sport when he’s ALSO taking performance-enhancing drugs. (Aside from everything else, I don’t really care if you have a legitimate reason to take steroids; I think you shouldn’t play competitive sports if you have to take them because they self-evidently give an unfair advantage.) Continue reading

The “Transitioning” Female Wrestler: A Failure Of Ethics And Common Sense

The girls wrestling champion, Matt Beggs.

The girls wrestling champion, Mack Beggs.

Mack Beggs is a competitive wrestler at Euless Trinity High School, and also is a biological female more than a year into the process of “transitioning” to male.  Beggs just won his third consecutive girls’ wrestling tournament victory in the 110-pound weight class. I’ll call him “he” because that is what the student wants to be called, and he, in great part due to the male steroid treatment he has been undergoing,  is now 55-0 on the season. All of his opponents have been high school girls who are not taking steroids, and unlike Mack, do not intend to become, for all intents and purposes, male.

While Beggs says he wants to wrestle in the boy’s competitions,  the University Interscholastic League rules use an athlete’s birth certificate to determine gender, a measure that makes sense in most cases, just not this one. (See: The Ethics Incompleteness Principle) The rules prohibit girls from wrestling in the boys division and vice versa, and rules are rules. If you are a rigid, non-ethically astute bureaucrat, you follow rules even when you know that they will lead to unjust, absurd results, like Mack’s 55-0 record in matches.

The  rules also say that taking performance enhancing drugs like the testosterone that has given Beggs greater muscle mass and strength than his female competitors is forbidden, but  UIL provides an exception for drugs prescribed by a doctor for a valid medical purpose. After a review of Beggs’ medical records, the body granted him permission to compete while  taking male steroids—compete as a girl, that is.  Rules are rules!

One athletic director, after watching Beggs crush a weaker female competitor who left the ring in tears,  asked for his name not to be used as he commented to reporters, and opined that “there is cause for concern because of the testosterone,” and added, “I think there is a benefit.”

Really going out on a limb there, sport, aren’t you?

Here, let me help.

This is an unfair, foolish, completely avoidable fiasco brought about by every party involved not merely failing to follow ethical principles and common sense, but refusing to. Continue reading

Finally, A 2017 Inspiring Ethics Story! A 5th Grade Basketball Team Teaches Adults About Priorities And Values

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I love this story out of New Jersey.

A Catholic Youth Organization 5th grade basketball team out of Clark, New Jersey had played all season with an 11-child roster including nine boys and two girls. In late January the director of the CYO league informed the team that the word had come down from the archdiocese that playing as a coed team offended Jesus or something and thus violated league protocol T team would either have to remove the two girls from the team or forfeit the rest of its season.

The adults running the team had screwed up, you see.

Oops. Sorry kids. Our bad, you pay for it.

These options were unacceptable, and any 10-year old would see it. In fact, any 10-year old did. Continue reading

Major League Baseball’s Hypocritical Effort To “Speed Up The Game” Gets Sinister

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When I was a kid, listening to Curt Gowdy describe the discouraging daily travails of the Boston Red Sox of Chuck Schilling, Frank Malzone, Gene Conley and Pumpsie Green over WHDH in Boston, sponsored by Atlantic Refineries (“Atlantic keeps you car on the go,go go,GO!”) and Narragansett Beer (“Hi, neighbor! Have a ‘Gansett! Straight from the barrel taste!”), most baseball games were done in two and a half hours. Now three hours is average, and for Red Sox games, four hours is not unusual. For those of us who enjoy baseball, this is hardly a tragedy, though it can be an inconvenience, and in my case, a major reason why my two languishing ethics books are still incomplete.

The honchos of the game, however, worry that the increasing time of games limits the game’s appeal to the younger generations, whose attention span resembles that of kittens, except for the relative few who can appreciate such features as drama, compelling narratives, suspense, character and probabilities. Thus MLB has been for years trying various measures to pare some of the time out of the modern baseball game. The baseball execs also act and talk as if they have no idea why the games have lengthened. They know. Anyone who follows the game knows. Continue reading

Ethics Observations Upon Viewing “The People v. O.J. Simpson: American Crime Story”

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I never got to see all ten episodes of last year’s ambitious and star-studded mini-series about the O.J. Simpson trial before this weekend. Thanks to Netflix, I was able to watch them all in two nights. I watched most of the televised trial at the time, so the program brought back a lot of bad memories.

Overall the production was excellent, and some of the casting was creepily good, especially Sarah Paulson  as Marcia Clark, Sterling K. Brown as Chris Darden, Kenneth Choi  as Judge Ito, Courtney B. Vance in a magnificent portrayal of Johnnie Cochran, Rob Morrow as
Barry Scheck,  Robert Morse, unrecognizable as Dominick Dunne, and Joseph Siravo as Fred Goldman. Unfortunately, Cuba Gooding, Jr., an excellent actor, is so unlike O.J. that it kept reminding us that this was a TV show. Nathan Lane and David Shwimmer also were unable to disappear sufficiently into their roles as F. Lee Bailey and Robert Kardashian. I couldn’t help thinking of “The Bird Cage” and “Friends.”

The script was  remarkably even-handed, and for the most part, accurate. However, there were three legal ethics howlers that require some exposition, as well as some other matters that came to mind.

1. The Defense’s Secret Redecoration of O.J.’s home.

In the episode “The Race Card,”  Johnnie Cochran was shown redecorating  O.J. Simpson’s house before the jury came for a judge-approved viewing. Pictures of half-nude models were replaced by benign photos of Simpson’s mother and children, and Cochran scattered pieces of African art around the rooms, taken from his own collection.

Could the lawyers do this? Of course not! It’s a visual lie, and an attempt to mislead the jury. Ito ordered that the heroic statute of Simpson in his back yard be covered with a sheet to avoid biasing the jury in favor of the defendant. Had the prosecution team suspected that Cochran had pulled such a stunt, as the dramatization suggested, it would have alerted the judge, a mistrial would have been likely, and Cochran as well as every lawyer involved would have faced serious bar discipline.

The question is, did this really happen as portrayed? Defense attorney Carl Douglas said in a Dateline NBC’s special THE PEOPLE vs. OJ SIMPSON: What the Jury Never Heard that it did, and that he organized the redecoration. Douglas said the intention was to make the estate look “lived-in and stand with all of its regalness so that the jurors would say ‘O.J. Simpson would not have risked all of this for this woman.'”  Douglas said that “photos of Simpson with white women were swapped out for pictures of him with black people. A Norman Rockwell painting from Johnnie Cochran’s office and a bedside photo of Simpson’s mother were placed in prominent view.”

Douglas should be suspended from the practice of law at the very least for this confession of outrageous ethics misconduct. (Cochran, who is dead, is beyond punishment.) Clark, Darden and Ito also failed their duties to justice and the public by allowing such a deception to warp the jurors’ perceptions. Continue reading

Super Bowl Sunday Ethics Quote Of The Day: Professor David DeSteno

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“It’s not about the true facts, or about how honest you believe a group is, or what the group’s past behavior is. It doesn’t matter what sport it is, or what team it is, or even if it’s sports at all. Just being a part of a group, any group, is enough to excuse moral transgressions because in some way, you’re benefiting from it. Your moral compass shifts.”

—-David DeSteno, Northeastern University Professor of psychology, explaining why Boston fans believe the New England Patriots, their coach, Bill Belichik, and their star quarterback, Tom Brady, are as pure as the driven snow, while the rest of the country sees them as detestable

The professor’s point will be familiar to any Ethics Alarms readers who have perused the various pots here regarding cognitive dissonance, or even those familiar with the mantra, “Bias makes you stupid.”  However, he has done some interesting research on the phenomenon described in the Times Sports article this morning.

In a psychological experiment, researchers separated people into two groups and offered some of them an option: Complete a fun, 10-minute task, or take on a difficult, 45-minute one. Placed in a room alone, they were told to choose which task they would have to do, or let a coin flip decide. Either way, the person entering the room next would be left with the other task.

Afterward, those people were asked to rate how fairly they had acted, and 90 percent said they had been fair. Except that they were lying. In fact, they had picked the easy task for themselves, without even flipping the coin, wrongly believing that no one was watching…

DeSteno and his former student Piercarlo Valdesolo conducted studies that showed that even strangers placed into groups quickly start favoring the people in their group, as they would favor themselves, even if that group was created randomly, and only minutes earlier. Morality, as it turns out, can change by the second, and for no good reason.

Professor DeSteno told the Times that this isn’t a conscious decision, but an innate survival reaction…. Continue reading