Courts, Sports Judge Grounds Record Ball
By Corey Lyons Times
Contra Costa Newspapers
Nov. 28, 2001
SAN FRANCISCO -- A legal scuffle over a scuff-marked baseball could result in an unprecedented trial next year. A San Francisco Superior Court judge ruled Tuesday that Barry Bonds' record 73rd home run ball be kept in a court-controlled safe deposit box until the ownership dispute is resolved.
No trial date has been set in the unusual custody battle between Alex Popov and Patrick Hayashi. The Bay Area men are jousting over possession of a bonanza ball that experts have said could be worth $2 million.
The case has attracted national attention and sheds light both on bleacher etiquette and on the increasing value of historic sports memorabilia.
A video shows that Popov caught the ball in his glove Oct. 7 at Pacific Bell Park, but lost it during the ensuing scramble in the stands.
Hayashi, a Silicon Valley engineer, plucked the sacred sphere from among the scrum. He was then whisked away by stadium security. Popov claims that he was assaulted and robbed; Hayashi maintains that the ball is rightfully his own.
"Alex caught the ball. Then he got mugged," said Popov's attorney, Martin Triano. "His dream of catching baseball history turned into a nightmare."
Don Tamaki, Hayashi's lawyer, said that he took a declaration from a 25-year major league umpire, Rich Garcia, to indicate what constitutes possession. "He explained that if a player momentarily has the ball, then collides with another player or hits the ground -- and the ball comes out -- that is not a catch," Tamaki said.
Triano, however, dismissed the umpire's opinion and said he has 14 witnesses who will bolster his contention that the ball belongs to Popov.
In any case, the ruling Tuesday by Judge David A. Garcia paves the way for the nation's first trial in which fans argue for custody of a ball hit into the stands at a major league stadium.
In October, Garcia blocked Hayashi from selling the ball until he decided whether the case could proceed.
Tamaki said he did not consider Tuesday's ruling as significant. "Does the judge feel that Popov has a case? Well, that's why you have a trial," he said. "So far, not a single witness has testified and no evidence has been submitted."
Contra Costa Newspapers
Nov. 28, 2001
SAN FRANCISCO -- A legal scuffle over a scuff-marked baseball could result in an unprecedented trial next year. A San Francisco Superior Court judge ruled Tuesday that Barry Bonds' record 73rd home run ball be kept in a court-controlled safe deposit box until the ownership dispute is resolved.
No trial date has been set in the unusual custody battle between Alex Popov and Patrick Hayashi. The Bay Area men are jousting over possession of a bonanza ball that experts have said could be worth $2 million.
The case has attracted national attention and sheds light both on bleacher etiquette and on the increasing value of historic sports memorabilia.
A video shows that Popov caught the ball in his glove Oct. 7 at Pacific Bell Park, but lost it during the ensuing scramble in the stands.
Hayashi, a Silicon Valley engineer, plucked the sacred sphere from among the scrum. He was then whisked away by stadium security. Popov claims that he was assaulted and robbed; Hayashi maintains that the ball is rightfully his own.
"Alex caught the ball. Then he got mugged," said Popov's attorney, Martin Triano. "His dream of catching baseball history turned into a nightmare."
Don Tamaki, Hayashi's lawyer, said that he took a declaration from a 25-year major league umpire, Rich Garcia, to indicate what constitutes possession. "He explained that if a player momentarily has the ball, then collides with another player or hits the ground -- and the ball comes out -- that is not a catch," Tamaki said.
Triano, however, dismissed the umpire's opinion and said he has 14 witnesses who will bolster his contention that the ball belongs to Popov.
In any case, the ruling Tuesday by Judge David A. Garcia paves the way for the nation's first trial in which fans argue for custody of a ball hit into the stands at a major league stadium.
In October, Garcia blocked Hayashi from selling the ball until he decided whether the case could proceed.
Tamaki said he did not consider Tuesday's ruling as significant. "Does the judge feel that Popov has a case? Well, that's why you have a trial," he said. "So far, not a single witness has testified and no evidence has been submitted."
posted by Corey at 3:56 PM
0 Comments:
Post a Comment
<< Home