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 The lawyers filed a 33-page amended complaint Tuesday in federal
court in Manhattan, expanding on the suit originally filed Oct. 3 in
New York Supreme Court.
Arbitrator Fredric Horowitz last week refused to compel Selig to
testify in the grievance, and Rodriguez then walked out of the
hearing without testifying. The sides rested last Thursday after 12
days of sessions, and a decision on whether to uphold or alter the
discipline is expected in January.
"Mr. Selig chose to hide in his office in Milwaukee rather than come
testify at the grievance hearing in New York. In Mr. Selig's world,
apparently the 'buck' does not stop with Bud," the new complaint
said. "Mr. Selig lacked the courage of his convictions to explain
under oath the reasons for the suspension and the conduct of his
investigators. His silence on these issues speaks volumes and leads
to only one logical conclusion — his actions, and those of the MLB
personnel he controls, were aimed at destroying the reputation,
career and business prospects of Alex Rodriguez."
Rodriguez was suspended Aug. 5 for alleged violations of the sport's
drug agreement and labor contract, and he played pending a
determination of the grievance.
As he did in the original complaint, Rodriguez accused Selig of
conducting a "witch hunt" against him. The three-time AL MVP
criticized the methods MLB employed in its investigation of the
Biogenesis of America anti-aging clinic, accused of distributing
banned performance-enhancing drugs.
A-Rod's lawyers included a photograph of Selig posing with a fan
wearing a red shirt that had "A-ROID" written across the front.
While the lawsuit attributes the photo to NESN.com, the NESN's
website says the photo was from the 2009 All-Star FanFest and was
taken from NBCSportsRadio's Twitter feed. "Sadly, this cowardly stance by Mr. Selig is
consistent with his past and highly inappropriate conduct in
posing, smilingly, with a young fan wearing a T-shirt with a
derogatory message directed at Mr. Rodriguez," the amended
lawsuit said. "One cannot imagine the Commissioner of any other
professional sport — or indeed the CEO of any business — doing
something similar with respect to one of his or her players or
employees."
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MLB had the suit removed to federal court, and Rodriguez's
lawyers are trying to persuade U.S. District Judge Lorna G.
Schofield to remand the case back to New York state court. A
hearing is scheduled for Jan. 23.
Rodriguez claimed Selig interfered with his existing contracts
and prospective business relationships. MLB says the case should
be heard in federal court because of provisions of the Labor
Management Relations Act, known as Taft-Hartley, and intends to
ask for the suit to be dismissed.
Later Tuesday, Rodriguez's lawyers released a stack of
documents, including a presentation dated Oct. 21. They called a
news conference for that evening with the intent to release
papers, only to be blocked by an order from Horowitz. The
presentation criticizes the conduct of several MLB investigators
and New York City Police.
The lawyers also released statements of several people who were
on Rodriguez's witness list but never testified at the grievance
hearing.
Marcelo Albir and Lazaro Collazo accused MLB's investigators of
harassment, which the league denies. Gary L. Jones, who says he
was a friend of Porter Fischer, said he was paid $125,000 in
$100 bills by MLB Senior Vice President Dan Mullin at the Cosmos
Diner in Pompano Beach, Fla., last March and $25,000 by Mullin
in $50s and $100s for additional documents the following month.
He also states Jones told Mullin that the documents had been
stolen.
MLB says the first payment was $100,000 and denies the comments
Jones attributed to Mullin.
Robert Davis Miller alleged Biogenesis founder Anthony Bosch
told him he was being paid $5 million by MLB in monthly
installments, which the league also denies.
[Associated
Press; RONALD BLUM, AP Sports Writer]
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