Nov 27, 2013, 1:21 PM EDT
New York Magazine reports that Team A-Rod has gone after Biogenesis founder Tony Bosch as a habitual cocaine user. And they have a photo that appears to be Bosch with two small bags of cocaine.
The basis for the claim is a friend of Bosch’s — who himself has a spotty past — who says that Bosch used cocaine regularly in Miami. A-Rod’s lawyers cross examined Bosch about his cocaine use in the arbitration. They were met with objections about the line of questioning from Major League Baseball’s attorneys. When Bosch answered he said “I’ll take the Fifth.”
Now, clearly, Tony Bosch’s credibility as a witness is essential here, as the case comes down to his accusations against Alex Rodriguez and his authentication and explanation of Biogenesis documents which purport to show A-Rod’s PED use. At the same time, courts rarely give much weight to — and often don’t allow — evidence relating to the past bad acts or the bad overall character of a witness as a means of challenging his credibility. Rather, you have to establish that the dirt you have on the witness directly speaks to his credibility, not just his character, habits, addictions or what have you.
I would say this is of little overall consequence in the arbitration. If A-Rod’s lawyers could make more of it maybe it would matter. Say, they could establish that Bosch was in trouble with drug lords and needed money and, well, you can tell any number of tales that could get you from drugs to lying to help Major League Baseball. But if that came out, the same source leaking the testimony to New York Magazine here would have mentioned it right? And either way, it’s pretty far-fetched.
This is all a part of A-Rod’s throw-everything-against-the-wall-and-see-what-sticks defense. It may work in the court of public opinion. It may raise secondary or tertiary questions about Anthony Bosch. But without anything more, drug use is not, in and of itself, likely to affect his overall credibility in the mind of the arbitrator.
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