Legal Commentary

Sandberg on Sosa

By TChris

Whether a baseball player whose exceptional career was tainted by scandal deserves to be in the Hall of Fame is a question that spawns lengthy (preferably beer-fueled) debate. The perceived justice or injustice of Pete Rose's banishment from the game -- hence from Hall of Fame consideration -- for betting on baseball (and then lying about it before admitting it) sparks animated argument between those who believe he deserves recognition for his on-field achievements regardless of his off-field failings and those who view him as undeserving because his gambling jeopardized the game's integrity.

More recent controversies involve players who admittedly or allegedly used performance-enhancing drugs, a rules violation that is more likely than Rose's compulsive betting to affect the outcome of games. Ryne Sandberg recently contributed to the drama by opining that Sammy Sosa, his former teammate, shouldn't join him in the Hall of Fame.

[more ...]

Sandberg said he believed that punishment for using performance-enhancing drugs should include a ban from induction to the National Baseball Hall of Fame in Cooperstown, N.Y. "It's something that's against the law and against society," Sandberg said. "It was cheating in the sport.

"I think it has to be spoken very loud and clear on the stance, and baseball needs to stand as they have. I'm very, very satisfied with the testing program they have in place now. For a guy who's tested positive today under what happens now, like Manny Ramirez, it almost takes an idiot to participate in that. For the society, for the up-and-coming players and youth out there, I don't think those guys should be recognized at all."

Whether it is against the law to take performance-enhancing drugs depends on the drug and when it was taken. Sosa and Alex Rodriguez, along with 102 other Major League players, tested positive for steroids, according to drug test results that should have been destroyed. Federal agents seized the computerized records of a drug testing company that failed to honor the agreement to destroy the test results, and according to an unidentified "leak," Sosa's steroid tests were positive.

In a written submission to a Congressional committee, Sosa denied ever taking "illegal performance-enhancing drugs." As this writer explains, it may be difficult to prove that Sosa committed perjury if the Justice Department were to pursue that charge. On the other hand, the writers who fill out Hall of Fame ballots don't need proof beyond a reasonable doubt before deciding that Sosa broke the rules. Sosa's dramatic gains in bulk and strength are difficult to explain in the absence of steroid use. It's difficult to believe Sandberg was serious when he said "I figured he was working out hard in the offseason to get bigger."

Sandberg's argument that Sosa "was cheating in the sport" is a little sanctimonious given baseball's tolerance of cheating. Corked bats, scuffed up baseballs, and signal stealing have long been a part of the game.

Still, steroid use is cheating of a different magnitude. Opinions reasonably differ as to whether Rose (who admitted betting on the Reds but said he never bet against them) engaged in behavior so destructive to baseball's integrity that he forfeited any right to be honored for his remarkable contributions to the sport. Players who used drugs to shatter records more obviously rob the game of some of its tradition. For that reason, I tend to agree with Sandberg: if Sosa and Mark McGwire and Alex Rodriguez achieved new heights not just because they worked hard to refine their natural talent but because they used steroids, they don't deserve the same recognition as Hall of Fame players who got there without chemical help.

Full post as published by TalkLeft on June 26, 2009 (boomark / email).