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- <text id=89TT1721>
- <title>
- July 03, 1989: The Darkening Cloud Over Pete
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1989
- July 03, 1989 Great Ball Of Fire:Angry Sun
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- SPORT, Page 57
- The Darkening Cloud over Pete
- </hdr><body>
- <p>Baseball's gambling probe of Rose moved toward a grim finale
- </p>
- <p>By Tom Callahan
- </p>
- <p> The excruciating saga of Pete Rose and gambling seemed to be
- coming to a shuddering finish last week. A common-pleas judge in
- Cincinnati was pondering whether to issue a temporary
- restraining order -- and perhaps turn the Rose investigation
- over to the courts -- or leave Rose to face Baseball
- Commissioner A. Bartlett Giamatti and the music early this
- week. After four months of husky whispers, the worst charges
- imagined were spoken aloud at last. Giamatti's special
- investigator, John Dowd, asserted in court that he has found
- nine witnesses and enough corroborating evidence to prove that
- Rose committed baseball's capital crime: from 1985 through 1987
- the hustling heir to Ty Cobb routinely bet on his own Cincinnati
- Reds. Even for history's leading hitter, who retired after 24
- seasons to manage the team in 1987, the prescribed penalty would
- be expulsion from the game.
- </p>
- <p> Dowd offered, as a smoking gun, Rose's fingerprints on
- betting sheets. (Rose has claimed never to have seen the sheets
- before.) A handwriting analyst, formerly with the FBI, contends
- that they were written in Rose's hand. Meanwhile, as the
- two-day hearing adjourned last Friday, the Reds' manager was at
- an autograph show in Atlantic City, stoically selling his
- signature at $15 per scribble. "Being fair and legally correct
- aren't always the same thing," Judge Norbert A. Nadel noted,
- though hoping to be both. He promised a decision on Sunday.
- Rose's hearing before Giamatti was scheduled for Monday. Nadel
- did not have to say the stakes were even higher than the legacy
- of a legend, knowing that Rose's lawyers were hoping to "move
- this lawsuit into previously uncharted waters" and challenge the
- very foundation of the game.
- </p>
- <p> Rose's lawyers want the baseball commissioner, the sport's
- all-powerful umpire, to disqualify himself for having prejudged
- the case. At sore issue is an April letter, drafted by Dowd but
- signed by Giamatti, that commended the "candid, forthright and
- truthful" cooperation of alleged bookmaker Ron Peters, Rose's
- principal accuser, who was seeking the lightest sentence to a
- tax-evasion and drug-trafficking conviction. The judge who
- received the commissioner's letter was so appalled that he
- turned the sentencing over to another jurist (Peters got two
- years) and leveled the loud opinion that by vouching for a
- witness in a case he had yet to hear, Giamatti had biased
- himself outrageously. George Palmer, a former
- state-appeals-court judge, and Samuel Dash, famed Senate
- counsel during the Watergate hearings, last week took the stand
- on Rose's behalf to endorse that view. They thought Dowd's
- 225-page finding read less like an investigator's report than a
- prosecutor's indictment.
- </p>
- <p> Robert G. Stachler, Rose's advocate during the hearings,
- said, "If there is one American institution that the public
- expects to adhere to the concept of fair play, that institution
- is major-league baseball. All we're looking for is a level
- playing field." Because the controversial Giamatti letter
- predated Dowd's interview with Rose, let alone Giamatti's
- hearing (originally scheduled for May 25), Stachler argued that
- Rose had already been "found in effect guilty." The captain of
- baseball's squad of attorneys, Louis Hoynes, talked about a
- commissioner with two hats. He said Giamatti was wearing his
- "investigator hat" when he sent the letter, not his "final
- decision-maker hat." In any event, Hoynes argued, baseball
- proceedings were less formal than legal ones, and the
- commissioner of this private organization was entitled to
- "depart from the rules of evidence if in his judgment the cause
- of justice will be served."
- </p>
- <p> When Hoynes brought up former baseball offenders Leo
- Durocher and Denny McLain, who received swifter punishments for
- gambling violations "arguably less prolonged and offensive," he
- was ringing an alarm that has chilled baseball since 1920. The
- Chicago "Black Sox" threw the 1919 World Series and almost
- threw away the public's confidence in the integrity of the game.
- The club owners, acting in concert, created the commissioner's
- office for the explicit purpose of clearing out the gamblers.
- Without any process at all, Judge Kenesaw Mountain Landis
- expelled everyone involved in the Black Sox scandal. His '40s
- successor, Happy Chandler, gave Brooklyn Dodgers manager
- Durocher a year's suspension merely for associating with
- gamblers. In the '60s Bowie Kuhn docked Detroit Tigers pitcher
- McLain a half-season for making book.
- </p>
- <p> The "questionable wisdom" of bestowing absolute authority on
- a single person was brought up in passing by U.S. district court
- Judge Frank McGarr in 1977. But he used that phrase in the
- process of rejecting a complaint by Oakland A's owner Charlie
- Finley that Kuhn was wrecking him financially by arbitrarily
- keeping him from liquidating his team a player at a time. Judge
- McGarr ruled, "So broad and unfettered was the commissioner's
- discretion intended to be that the owners provided no right of
- appeal, and even took the extreme step of foreclosing their own
- access to the courts."
- </p>
- <p> Not being an owner, Rose may say he is no party to broad
- discretions and unfettered agreements, but distancing himself
- from any baseball tradition might be difficult. It is Rose's
- place in that tradition, the fact that he is an embodiment of
- his game, that makes these circumstances so compelling, and so
- sad.
- </p>
-
- </body></article>
- </text>
-
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