From The Ethics Alarms “Deceit Is Lying, And Stop Saying It’s Not!” Files: Baseball Commissioner Rob Manfred Is An Ethics Dunce, So Is Craig Calcaterra, And Since They Are Both Lawyers, They Should Know Better

My goals are modest. Before I die, I would like to be able to say that my cyber-output on ethics accomplished a few basic things. One of them is a greater public understanding that deceitful statements—you know, like “I did not have sex with that woman,” or my recent favorite, knife-murderer O.J. Simpson saying  at his parole hearing, “I’m in no danger to pull a gun on anybody. I’ve never been accused of it. Nobody has ever accused me of pulling any weapon on them”—are lies. Not “technically true,” not “lawyerly phrasing,” but lies. Yesterday one lawyer who should know better incorrectly told his readers than another lawyer who engaged in deceit wasn’t lying. I’m sick of this.

I’m sure most of you don’t know or care, but the sad Miami Marlins, the National League baseball team recently taken over by a group headed by former Yankee shortstop Derek Jeter, has been selling and trading off its best players to pare expenses to the bone. This is a long-term strategy called “tanking,” in which a team rebuilds by playing horribly and getting high draft choices for a few years, eventually building up a young, cheap talent base of a winning team. A team’s fans tend to despise this approach, and Marlins fans more than most, since this is the third mass sell-off in the team’s short and ugly history.

MLB commissioner Rob Manfred appeared on Dan LeBatard’s ESPN radio show yesterday to discuss the most recent recent Miami fire sale.  LeBatard asked Manfred directly if he was “aware of Jeter’s plan to trade players and slash payroll.” Manfred ducked and weaved, and said, “We do not approve operating decisions by ownership, new ownership, current owners or not, and as a result the answer to that question is no.”

LeBatard called  this a lie, responding, “You can’t tell me you’re not aware of this…were you aware of this?”  Manfred then said, “No, we did not have player-specific plans from the Miami Marlins or any other team . . .” He also said that the league did not see a payroll plan from the Marlins “until two days ago.”

Yet  the Miami Herald reported after the interview:

A source directly involved in the Marlins sales process, after hearing the Le Batard interview, said, via text: “Commissioner said was not aware of [Jeter] plan to slash payroll. Absolutely not true. They request and receive the operating plan from all bidders. Project Wolverine [the name for Jeter’s plan] called on his group to reduce payroll to $85 million. This was vetted and approved by MLB prior to approval by MLB. Every [Jeter] investor and non investor has the Wolverine financial plan of slashing payroll to $85 million. Widely circulated.”

Here NBC baseball blogger Craig Calcaterra, formerly a practicing attorney, and thus accorded some credibility on such topics, wrote, Continue reading

The Miami Marlins Are Selling Fake Memories

 Through June 3, 2017, there have been 296 no-hitters officially recognized by Major League Baseball, 252 of them in the modern era starting in 1901. Seeing one in person is a joy and a treat for any baseball fan, and even the close-but-no cigar games are memorable, as every out, every great play and every batter creates excitement, anticipation, and dread. No sport has anything like no-hitters. 

On that June 3 date, four days ago, Edinson Volquez tossed the first no-no ( as they are colloquially called) this season, and the sixth no-hitter in Miami Marlins history,  defeating the Arizona Diamondbacks. It was an unusual version of the breed because Volquez, a journeyman starter, had two baserunners who reached on walks and saw them erased by double plays. He needed only 98 pitches  to complete the masterpiece.

This comes at a good time for the sad-sack Marlins, who have attendance problems, trust issues (the team twice dismantled a championship team to save money), bad luck (rising superstar pitching ace Jose Fernandez died in a boating accident at the end of last season), hero problems (Fernandez was driving the boat,  he was drunk and on coke, and he killed two of his friends) and ownership uncertainty, for the team is for sale.

A friend living in Florida writes,

“The Miami Marlins selling tickets to a game that’s already been played? I suppose so you can frame them and claim you were at the no-hitter a Marlins’ pitcher threw on June 3rd. From the email they sent me, since I live in Florida and do attend three or four Marlins games a season:

“For those of you who missed attending the game but want to own a souvenir piece of history, unsold tickets from the game are still available by clicking here. Online purchases will be printed and mailed. Fans can also purchase tickets in-person at the Marlins Park Ticket Office.”

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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?

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Random Ethics Thoughts On The Death Of Jose Fernandez

marlins-tribute

Miami Marlins pitcher Jose Fernandez, at 24 one of the rising stars in baseball and a remarkable, charismatic young man as well, died when his boat hit a jetty at high speeds in the early morning hours last Sunday. He had escaped to the U.S. from Cuba at 15 after failing twice and being imprisoned by the Castro regime as punishment. How good a pitcher was he? At this point in his career, as good as any pitcher in the history of the game. What might he have accomplished? The possibilities were limitless.

Two of his friends were also killed in the accident, and he left a pregnant girlfriend behind. Baseball stars have died tragically mid-career before—Roberto Clemente, Thurman Munson, Harry Agganis, Ken Hubbs, Lymon Bostock…Lou Gehrig, of course…but seldom has a death in the sport caused such an widespread outpouring of grief.

Some random thoughts:

  • I have a gut reaction to such deaths, when a young man or women of infinite promise and special talent dies due to his or her own recklessness and foolishness. This was the case with Fernandez; there is no denying it. His boat was speeding, going much too fast for the conditions. It was dark, and he may have been drinking: he had just left a bar. My reaction is anger. I can’t help it; I know he’s dead, and that he didn’t want that. Still, part of ethics is the belief that all human beings have an obligation to do what they can to be a productive part of society and join in the effort to make existence better for everyone. To those who have special abilities and talents, more should be expected, and they have a duty to recognize that their life is more than just their own, but part of the collective wealth that everyone shares as long as they live. Amazing people who throw their young lives away, and with it all they might have given to the rest of us–joy, thrills, inspiration, memories—make me especially furious. (I am merely routinely furious with ordinary people who throw their lives away.)

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Ethics Quiz: The Aborted No-Hitter

Friday night, Miami pitcher Adam Conley  was pitching a no-hitter against the Milwaukee Brewers with two outs in the eighth inning, meaning that he was just four outs away. A no-hitter—no hits, no runs, for an entire game—places a pitcher name in the  Hall of Fame. It makes him an instant part of sports history. In today’s hyper-celebrity culture, it means interviews and endorsements.

Moreover, the Marlins needed something to make their fans feel better. Dee Gordon, the team’s star second baseman, had just tested positive for steroids and was suspended for 80 games. Nonetheless, Marlins manager Don Mattingly lifted Conley because he had exceeded his pitch count. Though baseball paid little attention to the statistic for 70 years, today teams carefully monitor how many pitches a hurler throws, both to anticipate ineffectiveness, and to guard against injury.

In Conley’s case, he had never thrown more than a hundred pitches in a game, and had topped out at 116. To Mattingly and Marlins pitching coach Juan Nieves, that meant that even on the verge of immortality, Conley had to be removed. Conley was angry, though he said all the right things after the game. Still, knowing the alleged risk to his arm and career, he wanted to try to finish his masterpiece. (The Marlins blew the no-hitter and the shutout in the 9th, though still managed to win 5-3.)

Your Ethics Alarms Ethics Quiz of the Day:

Was removing Conley “for his own good” when he wanted to have the chance at a no-hitter fair?

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Ethics Dunce: Miami Marlins Manager Don Mattingly

stabbed-in-the-back

When new Miami Marlins manager Don Mattingly chose Barry Bonds as his batting coach, it was considered a bold move. Bonds, after all, is simultaneously baseball’s all-time home run champion, holding both the single season and career records, and its biggest cheat, having achieved both records while being secretly, illegally and unethically assisted by steroids. In addition to knowing how to cheat, Bonds undeniably knows how to hit (he was a great hitter before he decided to mutate himself), so this was a chance at redemption for Barry, as well as an opportunity to soften some of the sports media antipathy toward his conduct and character which has so far kept him out of the MLB Hall of Fame.

Asked this week how Barry Bonds was doing as batting coach, Mattingly replied,

“Him getting used to the coaching part of it is a work in progress from a standpoint of the amount of time and the preparation. You see [assistant hitting coach Frankie Menichino] still doing a lot of the prep work. Barry is still getting into the routine of the ugly side of coaching — being here at 1, and studying video, and studying on the plane and you don’t get a chance to watch movies, and things like that. It just depends how good you want to be as a coach. If you want to be a really good coach, you’ve got to do the work.”

Translation: “So far, Barry’s been lazy and isn’t doing his job. His assistant is doing it for him. The job requires a lot of hard, tedious work, and Barry hasn’t shown that he’s willing to do it. At this point, he not a good coach.”

Ethics foul. Mattingly was a fool to hire Bonds, and MLB is wrong to let this sport-wide ethics corrupter set foot in a clubhouse. Bonds is a living, breathing advertisement for the proposition that cheating pays, and should not be trusted not to promote that proposition to young players. Having hired Bonds, however, Mattingly still is obligated to treat him fairly and professionally.

It is not fair and professional to make a negative job review public by communicating it to the news media. Mattingly gave a critique of Bonds’ performance that should have passed from him to Bonds, and only from him to Bonds, in private. Attacking Bonds—and it was an attack, if a passive aggressive one—in the press is unfair, irresponsible, disrespectful, a betrayal of trust, and also cowardly.

Mattingly’s job is called “manager,” and this is atrocious, unethical management. He owes Bonds an apology, and if I were Marlins management, I would be thinking very hard about whether Don Mattingly is qualified for his job.

 

Were The Marlins Right To Suspend Ozzie Guillen for Loving Fidel Castro?

And imagine...Media Matters had NOTHING to do with it!

‘”I love Fidel Castro,’ blurts Ozzie Guillen, the new manager of the Miami Marlins, in his Jupiter, Fla., spring-training office before an early-March team workout.”

And with that spontaneous utterance, quoted in a Time magazine feature, Guillen, who was hired during baseball’s off-season to lead the long-languishing Miami baseball franchise to elusive community popularity and on-the-field success, suddenly found himself at the epicenter of a career-threatening controversy. Cuban groups in the Miami area were horrified, and demanded that Guillen be fired. Guillen immediately went on an apology tour, arguing that he had “mistranslated in his head from Spanish to English,” and that he emphatically did not “love” the Cuban dictator, but in fact hated him. Even though he said he loved him. That’s some bad translating.

“I feel like I betrayed my Latin community,” Guillen said to one Miami group, according to ESPN’s translation of his comments in Spanish. “I am here to say I am sorry with my heart in my hands and I want to say I’m sorry to all those people who are hurt indirectly or directly. I’m sorry for what I said and for putting people in a position they don’t need to be in. And for all the Cuban families, I’m sorry. I hope that when I get out of here, they will understand who Ozzie Guillen is. How I feel for them. And how I feel about the Fidel Castro dictatorship. I’m here to face you, person to person. It’s going to be a very difficult time for me.”

He got that right. Today the Marlins suspended their manager for five games, saying in a statement, Continue reading