Sports In the Courts Blog : New York Attorneys & Lawyers Specializing in Sports Law & Legal Analysis

In an extremely positive turn to an awful story, Bryan Stow - the Paramedic who was beaten at Dodger Stadium earlier this year - has started to speak again after being in a coma for months. Stow was able to recall his birthday, and upon seeing photographs of his children, asked to see them. Stow is working with a speech therapist and is able to speak through use of a speaking valve.

Hopefully the recovery news will continue to be positive. In the meantime, Stow's lawsuit against the LA Dodgers is pending, and the Dodgers have now named the two alleged attackers as third-party defendants. This is a strategic but routine move by the Dodgers that will allow the team to place as much blame as possible upon the assailants. However, under California law, a joint tortfeasor such as the Dodgers remains jointly and severally liable for economic loss (medical bills, lost wages, etc). This can be a significant amount in a case like this, particularly if Stow will need to be taken care of for years from now. 

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Breaking News:  

Former Red Sox Slugger Manny Ramirez was arrested tonight on charges of domestic battery.  Ramirez reportedly was involved in an altercation with his wife Juliana Ramirez some time before 7 p.m. Monday night.  According to the police report, Ramirez slapped his wife in the face causing her to hit her head off of the headboard of their bed.  Ramirez denied striking his wife, claiming he grabbed her by the shoulders and shrugged her, which was his take on her hitting her head.  

Ramirez has been somewhat quiet since his steroid driven retirement from Major League Baseball in April.  

Roid Rage?  Who knows.  The one thing everyone can agree on is Manny will always be unpredictable in his actions.

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In an emotional night at MetLife Stadium, the Jets pulled off a late comeback win against the Dallas Cowboys.  With the 10th Anniversary of September 11th looming on everyone's mind and recent fan violence at NFL games, security at MetLife Stadium was supposed to be higher than ever.  

Wrong!

At about 9:40 pm a fight broke out in section 323 which led to one man tasing 3 others in the incidentt.  All three men refused medical attention after being stunned, but it still leaves question as to how a man can make it past the security that was supposed to be at its highest with of all things a taser gun.  I can't get into that stadium with the wrong size camera lens let alone a weapon shaped like a pistol.  Needless to say, the man with the taser was charged with aggravated assault, possession of a stun gun, and possession of a weapon for unlawful purposes.  Release on a $22,500 bail seems fairly light for a man who brings a weapon into a stadium of over 70,000 fans on the anniversary of a day that haunts so many Americans.  

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Judge Walton was very angry that the prosecutors, in the first Roger Clemens trial, violated an evidentiary causing a mistrial. However, he cooled down enough to make that right decision that case against Clemens should not be dismissed because of this inadvertent error. Apparently, the judge must have a very busy trial calendar because he set the new Clemens trial date for April 17, 2012.

Now in the next 6 months or so, what can be done to get rid of this ill-fated criminal case? We have seen that Clemens is sticking to his story, no matter how many facts he misremembers. But he is facing serious criminal jeopardy for the alleged crime of lying to Congress and if he thinks he won't be convicted because he's a famous baseball player, he might want to give Barry Bonds a call.

At the same time if you are a government prosecutor, this may not be the case you want on your desk. The judge already isn't too thrilled with the prosecution. Let's face it, a full out criminal prosecution of Roger Clemens cannot be a major priority for a federal government (on the brink of being broke) with terrorism to deal with.

So can there be a way of another expensive trial for the Rocket and the government? Roger Clemens made his fame being competitor but maybe he needs to avoid this "contest". Under the federal rules, the Court can allow a defendant (like Clemens) to enter a plea of "no contest." Under this type of arrangement, the Clemens would not be pleading "guilty' and the government would not be allowing him to go unpunished. For the Court's purposes, it will consider Clemens to be guilty and punish him. However, the Court's sentence could be part of an agreement between the prosecution and Clemens' lawyers (i.e. Roger doesn't go to jail).

I doubt this will happen but it may be the only way to avoid a long trial with an unknown ending which could include prison.

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