Was Justice Done in the K-Rod Case?
Well, yes.
Although many news outlets and legal commentators are repeating that Mets’ closer, Francisco Rodriguez, was “facing two years in jail”, the truth is he really never was. Very very few criminal defendants ever go to prison who commit misdemeanors in NYC. As a former prosecutor, I can tell you that only the rare “serious” assault, “close to felony weight” drug offenses or serial prostitution contestants ever see misdemeanor jail time. Most “garden variety” misdemeanor assault cases may not even end with a criminal conviction.
Today, KRod failed to save his criminal record and now has a “B” misdemeanor on his rap sheet. Most misdemeanor pleas involve fines, community service and/or probation. But here K-Rod paid a much heavier price. This incident caused the Mets withhold $3.1 million of his salary. Now if you consider this part of his penalty, there can be no question that K-Rod has been punished. Not to mention, Rodriguez still faces a civil suit from his father-in-law (seeking money damages) and a custody battle with his girlfriend.
To have any success in 2011, K-Rod needed to have his criminal case behind him (and so did the Mets). The penalty here seems to fit the crime and in the case of professional athletes that is unusual and just.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.