Grown Men, a Court Case and a Baseball
Note: This was my first story on what ultimately attracted national media attention for more than a year. In fact, I ended up following the story to its strange finale at an auction in New York.
By Corey Lyons
Contra Costa Newspapers
Oct. 29, 2001
SAN FRANCISCO -- In legal terms, it's Popov vs. Hayashi, 400545.
In reality, it's a pair of grown men fighting over a baseball, No. 73.
The unprecedented legal struggle between Alex Popov and Patrick Hayashi over Barry Bonds' record 73rd home run ball has attracted national attention.
But the president of a prominent New York auction house said Friday that he told the feuding fans to joust over something more worthwhile -- money.
"I'm not encouraging anyone to fight, but if there must be a fight, let it be over the money," said Arlan Ettinger, president of Guernsey's, one of the world's most respected auctioneers.
"A suggestion that we presented to both sides was that it might be more prudent for them to agree to let the ball be sold now," he added, "even if they hadn't resolved their differences."
One of the fans has made a verbal commitment to consign the item to Guernsey's, which could hold the auction in February or March, Ettinger said.
Experts have said that the bonanza ball could fetch $1 million to $2 million.
The large sum partly explains the frenzied scramble for the souvenir created Oct. 7 at Pacific Bell Park. Popov, a Berkeley health-food restaurateur, caught the home run ball in his mitt, but lost it when a crowd piled on top of him.
He sued Hayashi, the Silicon Valley engineer who ended up with the prize catch.
"It's difficult to accept that someone wants to sue someone else for this situation," Hayashi said Sunday, in his first public comments about the dispute. "It's difficult for myself and baseball fans to see this happen. It's very negative."
No one knows for sure how much the horsehide treasure will command at auction. But if Bonds' single-season home run record were in jeopardy next year, No. 73 could plunge in value.
In 1999, Guernsey's handled the record auction of Mark McGwire's 70th home run ball, which Spawn comic book creator Todd McFarlane bought for $3.05 million.
During this year's home run chase, McFarlane acknowledged that Bonds setting a new record could adversely affect the value of his own ball.
"I think the studious investor has to factor in that if Todd's baseball can get neutered, mine can, too," he told the Times.
Previously, the record price for a baseball sold at auction had been $126,000 for Babe Ruth's first home run at Yankee Stadium.
Ettinger said he recommended to both parties that they sell -- once a court order is lifted -- and find out who signs the check later.
"The money is timeless; the ball is not," Ettinger said. "If this case ends up in the courts, you don't need an attorney to realize that it could take years to resolve. Interest in the ball could wane."
In any case, the recent scuffle over the scuff-marked sphere ended up in court last week.
On Wednesday, San Francisco Superior Court Judge David Garcia ordered that the ownership dispute must be settled before the ball can be sold. He set a hearing for Nov. 13.
The lawsuit underscores the increasing value of sports memorabilia and their widespread interest on the open market.
"It's an important story," Popov said recently via cellphone while eating dinner in San Francisco. "Barry Bonds may end up passing Hank Aaron to become the greatest home run hitter ever.
"And these balls are very valuable -- How do you condone this kind of behavior?"
With record baseballs commanding seven figures, grown men are showing up at the ballpark with a glove and a dream. Now, the price for a unique piece of sports history is as impossible to predict as the fans who nab the souvenirs.
"It's a free country. Anyone can sue. But we should all use good judgment and common sense before charging off to a courtroom," said Donald Tamaki, Hayashi's attorney.
Popov's attorney, Martin Triano, said his client had been robbed of a ball that started in his mitt.
"How did Mr. Hayashi get the ball?" he asked. "We look forward to lots of light being shined on this. We think the truth will come out. I mean, there's no debate. Alex caught the ball."
The surreal scene unfolded Oct. 7 at Pac Bell Park during the San Francisco Giants' final game of the season.
Bonds' last home run, No. 73, landed on a concrete walkway above the right-field wall. While the slugger rounded the bases, a group of men went after the sacred orb that could turn one of them into an instant millionaire.
What followed was a bizarre pileup, a cartoonish knot of arms and legs, that local TV captured on videotape. Replays show that Popov indeed caught the ball with his mitt, but lost it at the bottom of a dog pile.
"Within seconds of catching the ball," the complaint reads, "Popov was attacked, assaulted and battered by no less than six and as many as 15 individuals, including Hayashi."
Popov said he landed hard on his left cheek, under a pile of bodies. "Get off" and "help" were among the words he shouted.
Meanwhile, the complaint alleges, the others were "desperately attempting to obtain control of the baseball, by any means necessary."
Tamaki rejected the suggestion that the ball had created a mob scene, and denied that his client forced the ball out of Popov's grasp.
"Patrick was at the bottom of the pile, and he sees the ball," he said. "Nobody had it. So he grabs it."
Whether the men will ever agree to sell the ball without knowing who owns it remains to be seen.
Nonetheless, Tamaki said Friday that his client had no immediate plans to sell the ball, but "what he does in the future, I don't know."
By Corey Lyons
Contra Costa Newspapers
Oct. 29, 2001
SAN FRANCISCO -- In legal terms, it's Popov vs. Hayashi, 400545.
In reality, it's a pair of grown men fighting over a baseball, No. 73.
The unprecedented legal struggle between Alex Popov and Patrick Hayashi over Barry Bonds' record 73rd home run ball has attracted national attention.
But the president of a prominent New York auction house said Friday that he told the feuding fans to joust over something more worthwhile -- money.
"I'm not encouraging anyone to fight, but if there must be a fight, let it be over the money," said Arlan Ettinger, president of Guernsey's, one of the world's most respected auctioneers.
"A suggestion that we presented to both sides was that it might be more prudent for them to agree to let the ball be sold now," he added, "even if they hadn't resolved their differences."
One of the fans has made a verbal commitment to consign the item to Guernsey's, which could hold the auction in February or March, Ettinger said.
Experts have said that the bonanza ball could fetch $1 million to $2 million.
The large sum partly explains the frenzied scramble for the souvenir created Oct. 7 at Pacific Bell Park. Popov, a Berkeley health-food restaurateur, caught the home run ball in his mitt, but lost it when a crowd piled on top of him.
He sued Hayashi, the Silicon Valley engineer who ended up with the prize catch.
"It's difficult to accept that someone wants to sue someone else for this situation," Hayashi said Sunday, in his first public comments about the dispute. "It's difficult for myself and baseball fans to see this happen. It's very negative."
No one knows for sure how much the horsehide treasure will command at auction. But if Bonds' single-season home run record were in jeopardy next year, No. 73 could plunge in value.
In 1999, Guernsey's handled the record auction of Mark McGwire's 70th home run ball, which Spawn comic book creator Todd McFarlane bought for $3.05 million.
During this year's home run chase, McFarlane acknowledged that Bonds setting a new record could adversely affect the value of his own ball.
"I think the studious investor has to factor in that if Todd's baseball can get neutered, mine can, too," he told the Times.
Previously, the record price for a baseball sold at auction had been $126,000 for Babe Ruth's first home run at Yankee Stadium.
Ettinger said he recommended to both parties that they sell -- once a court order is lifted -- and find out who signs the check later.
"The money is timeless; the ball is not," Ettinger said. "If this case ends up in the courts, you don't need an attorney to realize that it could take years to resolve. Interest in the ball could wane."
In any case, the recent scuffle over the scuff-marked sphere ended up in court last week.
On Wednesday, San Francisco Superior Court Judge David Garcia ordered that the ownership dispute must be settled before the ball can be sold. He set a hearing for Nov. 13.
The lawsuit underscores the increasing value of sports memorabilia and their widespread interest on the open market.
"It's an important story," Popov said recently via cellphone while eating dinner in San Francisco. "Barry Bonds may end up passing Hank Aaron to become the greatest home run hitter ever.
"And these balls are very valuable -- How do you condone this kind of behavior?"
With record baseballs commanding seven figures, grown men are showing up at the ballpark with a glove and a dream. Now, the price for a unique piece of sports history is as impossible to predict as the fans who nab the souvenirs.
"It's a free country. Anyone can sue. But we should all use good judgment and common sense before charging off to a courtroom," said Donald Tamaki, Hayashi's attorney.
Popov's attorney, Martin Triano, said his client had been robbed of a ball that started in his mitt.
"How did Mr. Hayashi get the ball?" he asked. "We look forward to lots of light being shined on this. We think the truth will come out. I mean, there's no debate. Alex caught the ball."
The surreal scene unfolded Oct. 7 at Pac Bell Park during the San Francisco Giants' final game of the season.
Bonds' last home run, No. 73, landed on a concrete walkway above the right-field wall. While the slugger rounded the bases, a group of men went after the sacred orb that could turn one of them into an instant millionaire.
What followed was a bizarre pileup, a cartoonish knot of arms and legs, that local TV captured on videotape. Replays show that Popov indeed caught the ball with his mitt, but lost it at the bottom of a dog pile.
"Within seconds of catching the ball," the complaint reads, "Popov was attacked, assaulted and battered by no less than six and as many as 15 individuals, including Hayashi."
Popov said he landed hard on his left cheek, under a pile of bodies. "Get off" and "help" were among the words he shouted.
Meanwhile, the complaint alleges, the others were "desperately attempting to obtain control of the baseball, by any means necessary."
Tamaki rejected the suggestion that the ball had created a mob scene, and denied that his client forced the ball out of Popov's grasp.
"Patrick was at the bottom of the pile, and he sees the ball," he said. "Nobody had it. So he grabs it."
Whether the men will ever agree to sell the ball without knowing who owns it remains to be seen.
Nonetheless, Tamaki said Friday that his client had no immediate plans to sell the ball, but "what he does in the future, I don't know."
posted by Corey at 10:36 PM
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