Harold Kasselman's Blog, page 3

June 29, 2015

A-Rod targeted

In Saturday's Astros game against the Yankees, Astros pitcher Brett Oberholtzer
gave up six runs in one and 1/3rd innings. He gave up two home runs including a grand slam to Brian McCann.
In the second inning, after serving up a home run to the leadoff batter, Oberholtzer threw at the mid-section of Alex Rodriguez. Umpire Rob Drake, promptly ejected the Astros starter on the grounds that it was a clear purpose pitch intended to hit Rodriguez because of the pounding Oberholtzer was taking.
After the game, to add insult to injury, the Astros pitcher was demoted and sent down to Triple A. In explaining the demotion, the Astros skipper A.J. Hinch said,
"We don't operate that way; we won't operate that way,". REALLY? managers don't expect pitchers to move batters back or even throw at them to make them uncomfortable at the plate? Ask Billy Martin, Dallas Green, Bob Gibson, Randy Johnson, Don Drysdale, Pedro Martinez,and scores of other players and managers who have regularly done so in similar situations. In fact, it's often expected by batters as well. So what's this all about? If he truly doesn't operate that way, he truly is an original. It seems to me the pitcher was demoted because he can't throw strikes and doesn't know how to pitch to big leaguers. If Hinch is serious, he may be breaking an unwritten rule of baseball. Let's see if he can live by his words.
If you would enjoy a novel about when a baseball custom such as a purpose pitch crosses the line to criminality, please check out my novel a Pitch For Justice on Amazon. http://www.amazon.com/Pitch-Justice-L...
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Published on June 29, 2015 08:41 Tags: a-j-hinch, alex-rodriguez, astros, bean-ball, brett-oberholtzer, brush-back-pitch

May 19, 2015

August 3, 2014

Yet another escalation in retaliation for baseball

It seems that every few weeks baseball's unwritten rule of retaliation rears it's ugly head. Yesterday it happened in Phoenix at a game between the Diamondbacks and Pirates. The recipient of the pay back pitch was the Pirates best player, last years' MVP and current All-Star Andrew McCutchen. He was hit in the spine with a fast ball from Arizona"s reliever Randall Delgado in the ninth inning with the Pirates leading by four runs with one out in the ninth.
Why was McCutchen so sure the pitch was a deliberate attempt to hit and injure him? It just so happens that Arizona's arguably best player Paul Goldschmidt was hit in his left hand a day earlier by a Pirates reliever. The result was a fractured bone which led the Diamondback power hitting first sacker to the disabled list for a stint. Now the Arizona team is not exactly playoff bound but who knows whether a hand fracture will heal correctly and how much hand strength will Goldy lose as a result of the fracture? How long will it take for him to recover to full strength and will it affect even next season. The point is that Goldy is a big part of the Arizona franchise's future.
No doubt Delgado remembered the public scalding that Arizona's GM Kevin Towers gave the team's pitching staff last season for not protecting their hitters and failing to retaliate. Recall that Arizona had an infamous and ugly incident with the Dodgers and Zach Greinke last year over a similar retaliation escalation. So there was little doubt in anyone's mind, least of all McCutheon, that Delgado threw a deliberate purpose pitch. Of course Kirk Gibson Diamondbacks' skipper chalked it up to the usual "the ball just got away from him" defense".
And what's next? Well Clint Hurdle the Pirates manager observed that "the game takes care of itself". That is diplomatic double talk that means we will take care of our players too and there's more to come whether today or the next time the teams meet.
But I'm always left wondering when somebody will come down so hard on these tit for tat unwritten customs that pitchers will be loathe to hurt someone because they will suffer a 50 game suspension. Or as Dirk Hayhurst suggested a few months ago, law enforcement may have to step in and prosecute one of these guys for assault and battery to end the cycle of violence.
And to take the point one step further, you may enjoy A Pitch for Justice my novel that imagines a criminal prosecution for murder after a retaliatory pitch
http://www.amazon.com/Pitch-Justice-H...
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June 10, 2014

Former Pitcher Dirk Hayhurst and the potential criminality of unwritten baseball customs

Dirk Hayhurst is a former major league pitcher(mediocre) but also a noted author, and a broadcaster and commentator. A few days ago he wrote an excellent article about the absurdity, inconsistency, and arbitrariness of the baseball custom known as the unwritten rules of baseball. He was responding to an article written by Tim Kurkjian's earlier piece on the same subject that claimed to have compiled an exhaustive and intelligible list of the customs. Hayhurst exclaimed, "instead what I got was what more of the same: piles of oblivious, hypocritical, contradictory bullshit."
Among other arguments, Hayhurst argues that the unwritten rules are a poor example for our youth who are exploring a possible career in the game. For me the most interesting and salient point was his labeling of some of the customs as pure criminal in behavior.
Naturally, since my novel was written with that as its theme, I felt compelled to provide the link to this well written story.http://deadspin.com/a-major-league-pi... Then I invite you to check out my novel here on Goodreads or Amazon
http://www.amazon.com/Pitch-Justice-H...
https://www.goodreads.com/book/show/1...
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May 14, 2014

Former World Series Pitcher's pitch may fall flat

If you aren't a baseball fan, it's unlikely you will recall Brandon Backe. He had a relatively brief and undistinguished career in the majors. Originally a second baseman, he converted to pitching in 2002.
He rose to national prominence in 2004 when he was the winning pitcher for the Houston Astros on the last day of the season and beat the Braves. That gave the Astros a spot in the playoffs.
In game 5 of the NL Championship series he had a no hitter for 6 innings but settled for a one hit eight inning performance and the win. (But the Cardinals went on to become the NL Champs in 2004). Backe also had a win in game 4 of the 2005 World Series but the Astros lost to the Chicago White Sox.
By 2009 Backe's performance was below par, after a series of arm and shoulder ailments, and he was released by the Astros in early 2009.
Yet Backe is back in the news. He and 11 other people were arrested after an Oct. 5, 2008, altercation at a resort's swimming pool bar in Galveston during a wedding reception. Backe was charged with interfering with a police officer and resisting arrest. ( A grand jury later declined to indict him in 2009.
Backe is suing the Galveston police department in Houston federal court for a violation of his civil rights. He testified recently that the police used excessive force against him and that he sustained severe shoulder injuries from kicking and shoving by the police.
Backe is arguing that those injuries prevent him from doing the most simple tasks such as tucking his shirt into his pants. After experiencing persistent pain in his arm, a large piece of bone was removed in one surgery, followed by seven others in another. He attributes his release from baseball to that incident in 2008 because of his inability to pitch.
Backe is seeking 15 million dollars( a nice tidy figure)for redress. But he may have a hard time proving his case. Even if the jury is convinced that the police used excessive force, he still has to prove a causal relationship between that episode and his pitching woes.
That is the difficult hurdle for him because his record as a pitcher shows in 2006,after two starts, he went onto the disabled list for three months. He returned in late July, but on August 19 he sprained a ligament in his right elbow. This injury required Tommy John surgery, which was successfully performed on September 7, 2006. So he missed most of 2006.
In 2007 he didn't pitch again until September but he did win four starts. Then in 2008 he had an awful year despite being healthy. He won 9 and lost 14 and had a 6.05 ERA. He also led the league in giving up 36 home runs. Then the Galveston incident took place in October of that year. He was age 30 at that time.
So the jury will have to find that excessive force was used, that Backe at age 30 still had plenty of good years left in his arm and shoulder, and that but for the injuries he would have earned large sums as a professional pitcher. Those will be hard for a jury to find.Stay tuned
UPDATE: As of April 23. 2014 the jury has deliberated for 7 hours in the case in which Backe is seeking 12-15 million dollars.
UPDATE: April 25th The Jury is at an impasse and continued the deliberations until Monday so lawyers could discuss a settlement. The jury appears to be at an impasse.
UPDATE: The jury hearing the federal law suit was declared deadlocked yesterday in Backe's claims against the Galveston Police. Backe's lawyer promises to seek a retrial of the issues. Apparently four police were found to have used excessive force against other men at the wedding brawl.
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Published on May 14, 2014 10:30 Tags: brandon-backe, civil-rights-suit, galveston-police-civil-suit, houston-astros

May 8, 2014

Blogger/author John Pearce interviews me for his blog

Baseball crime or awful judgment? A PITCH FOR JUSTICE – author interview with Harold Kasselman
http://parttimeparisian.com/


Posted on May 8, 2014 by John Pearce


HAROLD KASSELMAN’S FIRST NOVEL has been in the top 10% of Kindle paid books for a solid year — no small accomplishment. It has ranked #1 in baseball and in sports psychology, and it’s a good read. I had the pleasure of reading it before publication, and I read it again before I interviewed Harold this week. You can find the book, in Kindle and paperback editions, on Amazon. It’s rated four and a half stars, with 150 reviews. A Pitch for Justice cover Wed 05-07-14I wanted to know where this particular story came from (it’s a very inventive plot but could have been one of a thousand courtroom novels), and how he went about turning concept into reality. Following is the email exchange we had this week:

JP I think the starting point has to be this: have you ever seen anything like your plot in real life, either as a baseball fan or as a prosecutor?

HK I have never seen anything in person in baseball that was prosecuted as a crime but I did see an incident in 1965 on television that likely would have been prosecuted today. Hall Of Fame pitcher Juan Marichal of the Giants hit Dodger catcher Johnny Roseboro over the head with a bat. Marichal was batting and Koufax threw a fastball at his head. Marichal said something to Roseboro and Roseboro stood up and faced Marichal. The latter then went berserk and struck Roseboro on the head( no helmet was worn since he had taken off his mask). He had to be hospitalized and had a huge knot in his head and needed stitches to close the wound. The point is that Marichal had flattened two Dodgers earlier in the game by knocking them down with pitches because they had gotten hits off of him. There were never any criminal charges filed. Today I believe there is a good chance a DA would file charges of assault with a deadly weapon.
There was an incident in 1999 in college where a pitcher, later drafted by the Cubs, deliberately threw a ball at the head of an opponent which resulted in multiple fractures of the face and head. The latter never played baseball again. Charges were filed against the pitcher but a grand jury declined to indict. Based on what I have read, that decision was disturbing. But the victim did settle a civil suit for an estimated $400,000. If such an incident happened when I was prosecuting, I would have done all I could to have ethically gotten an indictment for aggravated assault. The point to be emphasized is that customs on the playing field cannot be immune from societal laws when they cross the line to criminality.

JP Which came first, the desire to write a novel or the plot idea for this novel?

HK The truth is, I was bored after I retired from the practice of law. Someone suggested I write a book but I said ” lawyer books are a dime a dozen” (shows you how old I am). But I liked the idea and the challenge so I thought about something that combined my two passions, baseball and the law. I was always haunted by the Ray Chapman death from a pitched ball thrown by Carl Mays in 1920 and I began to wonder what would happen in today’s society if a player died from a pitched ball. From there it was relatively easy for me to take the scenario though the legal process

JP Have you had any reaction from your lawyer friends about the entire concept of bringing a felony charge against a pitcher in a bean ball case like yours?

HK Several lawyer friends told me the same thing. Before they read the book, they thought such a prosecution would be fanciful or capricious. When they finished reading, they were convinced of the viability of such a case. Still, most had very strong feelings about the outcome.

JP Did you write the book with the intention of making a moral point?

HK Yes in large measure I did intend this to be a morality piece of fiction. I think many players in all sports (recall the New Orleans Saints’ scandal about bounties for taking out players from the opposing team) are too often cavalier about gratuitous violence in sports. Admittedly, there is a certain degree of consent to physical contact. But when someone in a sport throws a 95 MPH fastball at a player’s head because that player “showed up the pitcher” on a prior home run, or when someone deliberately tries to disable an opposing football player by causing a concussion or knee injury, doesn’t that cross the line? At what point does that gratuitous violence become criminal activity? It’s a fine line and there is no easy answer. There is always the danger of a slippery slope, and how labeling someone a criminal will deter the players from playing the game the way they learned to play.

JP How would you apportion responsibility between Buck the manager and Tim the young pitcher?

HK I think that is such a core aspect of the novel that I’d rather let readers decide whether the manager or the pitcher bear any criminal responsibility, and if so, their respective liabilities. I have a point of view but part of the fun in the read is answering those questions by the readers themselves.

JP You have revised the original story somewhat since A Pitch for Justice was originally published. What impelled you to do that?

HK The luxury of an e-book and self-publishing is the ability to change chapters, phrases, even subplots at anytime. I made the mistake of rushing to publish because I was so excited about my project. If there is one thing I would tell other novice writers, it is to edit your book (even if it’s just yourself) over and over again before you publish. I had a few mediocre reviews that could have been avoided if I had followed that advice. The truth is I read the reviews especially on Goodreads. While many loved my original ending, others felt robbed and were disappointed. Accordingly, I abandoned my original ending and created a new one which I believe readers find more satisfying. Next I decided, whether it enhanced the novel or not, to create a subplot that made the book more exciting and suspenseful rather than purely a legal/moral work. I also listened to the voices of some reviewers who candidly skipped over some of the romantic chapters. I agreed with them because I never really wanted a romantic involvement. So I compromised and deleted an entire chapter that really wasn’t necessary. Frankly, every time I read the book(after it had been published ) I came up with fresher ideas and new twists to keep the reader wondering and on their toes. It was easy to re-publish so I did it. The paperback is the most recent version.

JP Are you planning a sequel, or another novel?

HK I would like to do a sequel with prosecutor Jaime Brooks and maybe even Tim Charles but I’m struggling to find something unique. If I do, I’ll write it, but I need the obsessiveness that compelled me to write my first novel and I haven’t gotten there yet. JP The novel has done well in Amazon sales and rankings. What have you done to market it?

HK Yes, I have been fortunate that I have been #1 in baseball and in sports psychology in 2014 in the paid Kindle store. I have been in the top 10% of kindle books for over a year so that is gratifying. I haven’t really spent much on advertising. I joined several Facebook groups, LinkedIn groups, Goodreads groups, I tweet a bit, and I’ve written several blog posts. Still, I am convinced of the viability of the Kindle countdown program to get the word spread and even the free downloads. I have had almost 22,000 books downloaded for free and I was #16 overall in Amazon’s rankings out of thousands. It gives you exposure and keeps you on Amazon’s popularity lists in their search engine. But the bottom line is word of mouth is important and you have to have a good product. If I were to recommend an email site that I have found most productive and cost beneficial, it would be EReaderNewsToday. Or if you want to gamble and spend a lot of money, Bookbub will get the greatest exposure but your profit will be minimal. It’s too rich for my blood.

JP What was your daily routine while you were writing? Did you work every day?

HK Once I started to write the book(after research and outlines) I didn’t want to take a day off. I knew where I wanted to go and I loved the experience. I would write three to four hours a day. On the weekend even after going out to dinner, I would want to go back and write some more. I’m in love with the story. Maybe that’s why I have continued to tinker with it as recently as last month. I hope I get that feeling again about another project.



Thanks for reading Part-Time Parisian. Please subscribe to our free email list to receive posts and occasional newsletters by email. I’m the author of Treasure of Saint-Lazare, a best-selling historical mystery.
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Published on May 08, 2014 13:08 Tags: baseball, harold-kasselman, john-pearce, kindle-books, legal-fiction, legal-thriller

April 14, 2014

MLB's instant replay needs revamping

I used to be a purist when it came to baseball. Then I accepted interleague play. I even got to enjoy it. I still don't like the DH but I can understand its popularity for fans and players(especially their union).
I was totally on board with the new instant replay rule that went into effect in 2014. I always felt that umpires were given too much deference in the game and very little supervision. Their union seemed impenetrable.
And now comes instant replay to remedy that imbalance right? Well, based on the games thus far, the answer is a resounding no. Noted baseball writer expressed his dissatisfaction in an article today.
http://msn.foxsports.com/mlb/story/ne...
He referenced two instances where the replay officials were clearly wrong in the decision making process. I have personally seen two instances where I thought the on field decision should have been overturned but they weren't. Why? Because the standard of proof required to overturn the umpire's initial decision is too demanding.
It requires the four officials viewing the challenge to be persuaded by clear and convincing evidence that the call on the field was incorrect. In essence this gives undue deference to the umpire's initial decision once again. Why? My sense is that it lessens the failure rate of how many bad calls are really made on a daily basis. Sure it's a tough call on bang-bang plays but these guys get paid well.
If we are looking for the right decision,rather than preserving face for the umpires, the standard for review should be "whether there is a preponderance of evidence" to prove the initial call was in error.
That is the standard used every day in civil trials throughout the country. People's lives are greatly impacted by the decisions of juries and judges using that standard. It is a fair one. It simply means the fact finder is satisfied that the scales dip in favor of one side by 51%.
In my opinion that standard is what is needed to better utilize the tools of instant replay rather than assuage the umpires' union. Let's get the calls right for baseball and its fans.
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Published on April 14, 2014 13:35 Tags: baseball, instant-replay, ken-rosenthal, preponderance-of-the-evidence

MLB's Instant Replay needs a Revamping

MLB's instant replay needs revamping

I used to be a purist when it came to baseball. Then I accepted interleague play. I even got to enjoy it. I still don't like the DH but I can understand its popularity for fans and players(especially their union).
I was totally on board with the new instant replay rule that went into effect in 2014. I always felt that umpires were given too much deference in the game and very little supervision. Their union seemed impenetrable.
And now comes instant replay to remedy that imbalance right? Well, based on the games thus far, the answer is a resounding no. Noted baseball Ken Rosenthal writer expressed his dissatisfaction in an article today.
http://msn.foxsports.com/mlb/story/ne...
He referenced two instances where the replay officials were clearly wrong in the decision making process. I have personally seen two instances where I thought the on field decision should have been overturned but they weren't. Why? Because the standard of proof required to overturn the umpire's initial decision is too demanding.
It requires the four officials viewing the challenge to be persuaded by clear and convincing evidence that the call on the field was incorrect. In essence this gives undue deference to the umpire's initial decision once again. Why? My sense is that it lessens the failure rate of how many bad calls are really made on a daily basis. Sure it's a tough call on bang-bang plays but these guys get paid well.
If we are looking for the right decision,rather than preserving face for the umpires, the standard for review should be "whether there is a preponderance of evidence" to prove the initial call was in error.
That is the standard used every day in civil trials throughout the country. People's lives are greatly impacted by the decisions of juries and judges using that standard. It is a fair one. It simply means the fact finder is satisfied that the scales dip in favor of one side by 51%.
In my opinion that standard is what is needed to better utilize the tools of instant replay rather than assuage the umpires' union. Let's get the calls right for baseball and its MLB's instant replay needs revamping

I used to be a purist when it came to baseball. Then I accepted interleague play. I even got to enjoy it. I still don't like the DH but I can understand its popularity for fans and players(especially their union).
I was totally on board with the new instant replay rule that went into effect in 2014. I always felt that umpires were given too much deference in the game and very little supervision. Their union seemed impenetrable.
And now comes instant replay to remedy that imbalance right? Well, based on the games thus far, the answer is a resounding no. Noted baseball writer expressed his dissatisfaction in an article today.
http://msn.foxsports.com/mlb/story/ne...
He referenced two instances where the replay officials were clearly wrong in the decision making process. I have personally seen two instances where I thought the on field decision should have been overturned but they weren't. Why? Because the standard of proof required to overturn the umpire's initial decision is too demanding.
It requires the four officials viewing the challenge to be persuaded by clear and convincing evidence that the call on the field was incorrect. In essence this gives undue deference to the umpire's initial decision once again. Why? My sense is that it lessens the failure rate of how many bad calls are really made on a daily basis. Sure it's a tough call on bang-bang plays but these guys get paid well.
If we are looking for the right decision,rather than preserving face for the umpires, the standard for review should be "whether there is a preponderance of evidence" to prove the initial call was in error.
That is the standard used every day in civil trials throughout the country. People's lives are greatly impacted by the decisions of juries and judges using that standard. It is a fair one. It simply means the fact finder is satisfied that the scales dip in favor of one side by 51%.
In my opinion that standard is what is needed to better utilize the tools of instant replay rather than assuage the umpires' union. Let's get the calls right for baseball and its fans
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Published on April 14, 2014 08:48 Tags: baseball, instant-replays, umpires

April 11, 2014

Update of college pitcher who was cleared in a bean ball incident

I came across these three articles as a result of a baseball Facebook discussion of my book A Pitch For Justice amzn.to/My3Q0f
A highly touted Wichita State pitcher allegedly threw a 92 MPH fastball at an opposing player who was apparently trying to "time" the pitcher. Anthony Molina was 24 feet from home plate as Ben Christensen was warming up on the mound.
Molina's dream of playing baseball came to a crushing halt. He suffered debilitating injuries to his face and was blinded in one eye. He has had multiple operations for over 10 years.
http://www.pantagraph.com/sports/coll...
A Kansas District attorney somehow declined to prosecute criminally. This is what the D.A's report stated "even as distasteful and unsportsmanlike as it may seem, Christensen believed as he had been coached, that it was acceptable, justifiable and appropriate to respond to Molina's perceived rules violation and encroachment by throwing a brush-back." The report added that information gathered on Christensen indicated "he is not the type of person who would try to harm another.
I don't know what you think but I think that is a total disregard of the law. Imagine allowing a custom of baseball to be accepted as a total defense for an aggravated assault. I can't.
A civil suit was filed and in 2002 a significant monetary settlement was made for the "custom". Christensen signed with the Cubs for a 1 million dollar bonus. http://sportsillustrated.cnn.com/base...
Christensen was released in 2004 from the minor league roster.
Things went bad to worse for Molina who had been working as a credit manager for a bank. In October, Molina entered a plea to two felony counts of aggravated criminal sexual abuse against an 8-year-old girl. His plea was similar to a guilty plea but he didn't have to publicly admit the facts of the crimes. In fact the plea allows him to maintain his innocence but he admits that the evidence the state had would likely convince a jury to find the him guilty. In January, he was sentenced to six years in prison. He could be released in three years based on time he has already served.
If this concept interests you, please read my novel which imagines a fatal bean ball in the context of a retaliatory pitch which leads to a prosecution for murder
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