SBD/Issue 64/Leagues & Governing Bodies

Mitchell Report Due Out Amid Claims Of Missteps, Personal Ties

Mitchell's Report On Performance-Enhancing Drugs
In MLB Expected To Be Released Tomorrow
The Mitchell report on the use of performance-enhancing drugs in MLB, expected to be released tomorrow, “has been critically hampered by investigative missteps, [George] Mitchell’s close personal ties in the industry and the longstanding fracture between baseball’s owners and players’ union,” according to several sources interviewed by Mitchell's team cited by Howard Bryant in an extensive piece on ESPN.com. Sources said that the MLBPA’s “unwillingness to cooperate produced a crushing domino effect on the other groups targeted for interviews by investigators.” Mitchell’s staff “aggressively pressured team trainers, managers and strength coaches to speculate about players and their possible use of performance-enhancing drugs.” GMs also felt pressured “by questions that led them to believe the Mitchell report will judge them harshly for condoning widespread drug use by not bringing it to the attention of club owners and [MLB’s] central office.” One GM said this summer, “This report is going to be total B.S. It’s going to blame us for everything, because we don’t have anyone in our corner. The owners aren’t going to blame themselves, are they?”

INFORMATION GATHERING PROCESS: Bryant wrote while it is believed all 30 GMs were talked to, it is “unclear if owners of individual teams were interviewed.” Mitchell wanted to interview former players serving as coaches or managers, but as one-time members of the MLBPA, they could “make the point that they should have access to union representation during their interviews if they chose.” Mitchell agreed, but did not tell the union beforehand who he planned to talk to. MLBPA officials responded by sending a “mass e-mail alert to former players that they were entitled to have a union lawyer sit in on their interviews.” Sources said that Mitchell also requested removable media, such as hard drives, from each MLB team and cell phone and e-mail records from others. Some clubs complied, but others, including the Indians and Twins, “were among the more reluctant to cooperate with Mitchell’s requests.” Sources added that the investigation "was stagnant ... until [former Mets clubhouse attendant Kirk] Radomski's information breathed life into it."

Some Feel Mitchell's Prior Baseball
Ties Creates Conflict Of Interest
INTERVIEW PROCESS: Bryant noted some of those who talked to Mitchell “expressed a concern that a league representative sat in on the interviews,” claiming it suggested their “disclosures -- or lack of disclosure -- could cost them their jobs.” Trainers and strength coaches said that they faced a $100,000 fine or termination if they did not participate. One NL strength coach interviewed in ‘06 said, “We were the only place they could apply the pressure, because nobody cares about us. You know how easy it would be to find somebody to replace us?” A trainer also interviewed in ’06 added, “They wanted us to speculate [about which players used drugs]. And I wouldn’t do that. … What if I guessed wrong? Then my name is out there, I get fired, and I’m easily replaceable.” Bryant noted MLB’s presence during questioning also “called into question Mitchell’s independence,” though MLB Senior VP/PR Rich Levin said that no rep from MLB Commissioner Bud Selig’s office was present. Levin did say that MLB attorney Tom Carlucci, who was an early member of Mitchell’s team, “sat in on random interviews.”  One NL strength coach said the investigators “didn’t know the right questions to ask. At no point in my interview did anyone say to me, ‘What can we recommend to make sure this never happens again?’”

RED SOX CONNECTION: Bryant noted that Mitchell, from '02-06, was "being paid by the Red Sox" as a member of their BOD, and “during the course of his investigation, Mitchell hasn’t been able to avoid the suspicions aroused by that fact.” Mitchell said last month in an e-mail, “I do not have, and have never had, any equity interest whatsoever in the Red Sox, past, present, or future. I will not make any money if the Red Sox are sold.” However, Bryant pointed out that Mitchell “was being paid by the Red Sox before the investigation was announced,” and he “will be back on the team’s payroll when the inquiry is concluded.” Mitchell said his connection with the franchise, including the claim he will receive a championship ring following the Red Sox’ World Series win over the Rockies, “‘was a constant point of contention.’ I can do nothing other than to restate the truth: The allegation is simply not true.” However, one GM said that he “did not believe Mitchell would implicate a high-profile Red Sox player in his report” (ESPN.com, 12/11).

YOUR OPINION COUNTS: The Mitchell Report will have a significant negative impact on the business of MLB, or no negative impact on the business of MLB. Visit SportsBusinessDaily.com to vote.

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