More on Bosch as Braun “consultant”

Like most baseball writer types, I am not a lawyer. Unlike writers with big time column space, however, I don’t think having a platform from which to write things about baseball makes me an expert on the law or common practices employed by real life attorneys. There are lots of real lawyers out there, though, one of whom actually does double as a great baseball writer. That would be Wendy Thurm, and she has a piece up at Fangraphs on Ryan Braun’s claim that Anthony Bosch served as a consultant to his defense during his appeal of a positive drug test. Her verdict: There are still questions worth asking, but it’s definitely plausible.

More importantly, she addresses why a defense team would consul a “bad guy” like Bosch:

Why Bosch? Why use someone who’d already been linked to banned substances? I don’t know for sure, but it makes sense to me to his lawyers would consult with someone who had experience with a player (Manny Ramirez) who had tested positive and had been given a 50-game suspension. If you’re a lawyer defending a client accused of participating in a drug cartel conspiracy, you want to consult with people who knows how drug cartels work. Sure, there are law enforcement experts that you’ll want to testify for the client, but you also would like to consult with former drug cartel members. It’s entirely possible that Bosch had information from Ramirez’s situation that was useful to Braun’s lawyers in preparing their appeal.

In other words, it’s not so much naive to think that a defense team should only talk to angels, it’s just not really practical. To mount a vigorous defense, you need to know what you’re talking about, and that includes getting information from people who actually do what you’ve been accused of sometimes.

Meanwhile, back in the realm of serious journamalism, Tom Haudricourt thinks this can all be put to be promptly if Braun’s attorneys just do the right thing and throw away their careers/violate Braun’s basic legal rights. Hey, we’ve already established that a collective bargaining contract ceases to carry force of law when it conflicts with baseball writers’ collective sense of outrage, why not toss attorney-client privilege into the garbage as well?

Born in Southwestern Ohio and currently residing on the Chesapeake Bay, Brien is a former editor-in-chief of IIATMS who now spends most of his time sitting on his deck watching his tomatoes ripen and consuming far more MLB Network programming than is safe for one's health or sanity.

About Brien Jackson

Born in Southwestern Ohio and currently residing on the Chesapeake Bay, Brien is a former editor-in-chief of IIATMS who now spends most of his time sitting on his deck watching his tomatoes ripen and consuming far more MLB Network programming than is safe for one's health or sanity.

41 thoughts on “More on Bosch as Braun “consultant”

  1. Braun's comments do not ring true. If the contact with Bosch was after the positive and in preparation of his defense the lawyer and not the client would be who the consultant dealt with and his name not the client's would be the person who owed the money and who was in the consultants notes. No attorney would have Braun contact this guy directly in preparation of the defense- and any attorney would specifically request the client's name NOT appear in Boschs notes. Braun was a client of Bosch – and he is lying about why his name is in the notes. Yet, interestingly, Braun's comments do seem to add credibility to the notes themselves.

  2. Why the mention of the "Braun advantage?"

    Regardless of the plausibility of him/his legal team consulting Bosch, doesn't the "Braun advantage" indicate that Braun was a patient?

  3. Brien- I'm a regular reader of IIATMS and a huge yankees fan. When I'm not reading about the yanks, I am pursuing a JD at Hofstra University.

    I am often a bit annoyed at journalists when they opine on a subject in which they cannot possibly understand the jurisprudence, let alone the trial techniques employed by the attorneys.

    Your post here ( and many other former posts) are truly refreshing. The world needs more writers such as yourself. Keep up the good work!

    Best,
    Frank

  4. "The point is that the records DO seem to indicate that Braun was a patient."

    In what respect?

  5. Yesterday was Trunk Day in Bah'sten . Pitchers and catchers is in like a week . Enuf already , Let's play two .