Trial to Resolve Ownership of Record Baseball
By Corey Lyons
Contra Costa Newspapers
Oct. 15, 2002
A 60-second scrum in the stands has spiraled into a yearlong legal saga over a potentially lucrative slice of the national pastime.
It's a case of two men scuffling at Pac Bell Park over a bonanza baseball that experts say could fetch seven figures at auction.
But Popov v. Hayashi is also about the laws of possession, bleacher etiquette, personal honor and the rising tide of excitement over historic sports memorabilia.
And it's a case headed to trial today.
San Francisco Superior Court Judge Kevin McCarthy will begin hearing testimony without a jury in the curious custody tussle over Barry Bonds' record 73rd home run ball.
Alex Popov and Patrick Hayashi, plaintiff and defendant, respectively, have clamored for the rawhide relic since they met Oct. 7, 2001, in a wild, frantic rush at Pac Bell.
Popov, 38, who gloved the ball and lost it in the scramble, says he was mugged and robbed.
Hayashi, 37, says he simply scooped up the loose ball along the right field arcade area, where Bonds had parked his final home run of the year.
Neither side will budge.
"Hayashi will testify that he reached up for the ball like everyone else," said his attorney, Don Tamaki. "He fell down, a face plant on the arcade floor. And the ball was right there, within arm's reach. It wasn't in anyone's possession."
Martin Triano, Popov's lawyer, said his client offered to settle the dispute over a beer shortly after the incident. "Patrick never called back," Triano said. "I can't speak for Mr. Hayashi, but Alex simply wants his piece of baseball history returned."
The first-of-its-kind trial, unfolding as the Giants have captured a berth in the World Series against Anaheim, is expected to last about three weeks.
It promises more twists and turns than an episode of "CSI," with the two sides splitting hairs over what constitutes a catch.
Among the cast of characters expected to testify: a retired major-league umpire, an accident reconstructionist, a whiz in bio-mechanical motion and a few law professors.
Even a tape of baseball bloopers will be shown to highlight the fractions of seconds that distinguish a catch from a drop.
The trial's critical question is whether Popov exercised "unequivocal dominion and control" over the baseball, as a judge put it last month.
Until the dispute is settled, the souvenir sits in a court-controlled safe deposit box in Milpitas.
Popov's legal team will roll out 14 witnesses, who, according to Triano, "saw Alex catch the ball and later came to him because they felt he was wronged."
As part of their case, Paul Finkelman, a distinguished professor at the University of Tulsa College of Law, will testify about property possession.
He is the author of a legal paper titled, "Fugitive Baseballs and Abandoned Property: Who Owns the Home Run Ball?"
"In whaling law, the first ship to get the harpoon in the whale gets the animal," he said, drawing an analogy to what he saw as Popov's legal catch. "They didn't want two crews full of guys with harpoons and sharp knives fighting over the ownership of the whale.
"So, he added, "law steps in to regulate society and make it peaceful."
Tamaki, on the other hand, will defend his client with 10 witnesses, including a retired American League umpire and a biomechanical motion expert who analyzed the video of the incident.
"We've deposed everyone near Popov that day," he said. "And they all say they didn't see any punching, grabbing, scratching or biting -- and they'll testify to it."
Jim Evans, who spent 28 years as a big-league umpire, will testify that fans have been working out ball ownership in the stands for 70 years without court intervention.
He also will describe the definition of a catch, arguing that Popov never had possession before losing the ball in the pileup.
"Until a fan demonstrates firm and secure control, the chase is on," Tamaki said.
A critical piece of evidence is the video footage shot by KNTV news photographer Josh Keppel, whose film captured Popov gloving the ball before quickly slipping into the crowd.
Each side will use the video footage to bolster their case.
Contra Costa Newspapers
Oct. 15, 2002
A 60-second scrum in the stands has spiraled into a yearlong legal saga over a potentially lucrative slice of the national pastime.
It's a case of two men scuffling at Pac Bell Park over a bonanza baseball that experts say could fetch seven figures at auction.
But Popov v. Hayashi is also about the laws of possession, bleacher etiquette, personal honor and the rising tide of excitement over historic sports memorabilia.
And it's a case headed to trial today.
San Francisco Superior Court Judge Kevin McCarthy will begin hearing testimony without a jury in the curious custody tussle over Barry Bonds' record 73rd home run ball.
Alex Popov and Patrick Hayashi, plaintiff and defendant, respectively, have clamored for the rawhide relic since they met Oct. 7, 2001, in a wild, frantic rush at Pac Bell.
Popov, 38, who gloved the ball and lost it in the scramble, says he was mugged and robbed.
Hayashi, 37, says he simply scooped up the loose ball along the right field arcade area, where Bonds had parked his final home run of the year.
Neither side will budge.
"Hayashi will testify that he reached up for the ball like everyone else," said his attorney, Don Tamaki. "He fell down, a face plant on the arcade floor. And the ball was right there, within arm's reach. It wasn't in anyone's possession."
Martin Triano, Popov's lawyer, said his client offered to settle the dispute over a beer shortly after the incident. "Patrick never called back," Triano said. "I can't speak for Mr. Hayashi, but Alex simply wants his piece of baseball history returned."
The first-of-its-kind trial, unfolding as the Giants have captured a berth in the World Series against Anaheim, is expected to last about three weeks.
It promises more twists and turns than an episode of "CSI," with the two sides splitting hairs over what constitutes a catch.
Among the cast of characters expected to testify: a retired major-league umpire, an accident reconstructionist, a whiz in bio-mechanical motion and a few law professors.
Even a tape of baseball bloopers will be shown to highlight the fractions of seconds that distinguish a catch from a drop.
The trial's critical question is whether Popov exercised "unequivocal dominion and control" over the baseball, as a judge put it last month.
Until the dispute is settled, the souvenir sits in a court-controlled safe deposit box in Milpitas.
Popov's legal team will roll out 14 witnesses, who, according to Triano, "saw Alex catch the ball and later came to him because they felt he was wronged."
As part of their case, Paul Finkelman, a distinguished professor at the University of Tulsa College of Law, will testify about property possession.
He is the author of a legal paper titled, "Fugitive Baseballs and Abandoned Property: Who Owns the Home Run Ball?"
"In whaling law, the first ship to get the harpoon in the whale gets the animal," he said, drawing an analogy to what he saw as Popov's legal catch. "They didn't want two crews full of guys with harpoons and sharp knives fighting over the ownership of the whale.
"So, he added, "law steps in to regulate society and make it peaceful."
Tamaki, on the other hand, will defend his client with 10 witnesses, including a retired American League umpire and a biomechanical motion expert who analyzed the video of the incident.
"We've deposed everyone near Popov that day," he said. "And they all say they didn't see any punching, grabbing, scratching or biting -- and they'll testify to it."
Jim Evans, who spent 28 years as a big-league umpire, will testify that fans have been working out ball ownership in the stands for 70 years without court intervention.
He also will describe the definition of a catch, arguing that Popov never had possession before losing the ball in the pileup.
"Until a fan demonstrates firm and secure control, the chase is on," Tamaki said.
A critical piece of evidence is the video footage shot by KNTV news photographer Josh Keppel, whose film captured Popov gloving the ball before quickly slipping into the crowd.
Each side will use the video footage to bolster their case.
posted by Corey at 1:00 PM
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