ORLANDO, Fla. — Alex Rodriguez’s appeal against Major League Baseball, a legal battle that has been on hiatus for nearly a month, could resume with a bang.
An industry source confirmed a Newsday report that Rodriguez, fighting the 211-game suspension MLB handed him, is considering the risky move of testifying on his own behalf — and contending he hasn’t used illegal performance-enhancing drugs since the 2001-03 period to which he already has confessed.
Such a move would open the Yankees’ beleaguered third baseman to a cross-examination by MLB’s attorneys, an opportunity with which the MLB lawyers would take great delight. The upside for Rodriguez is he would be sending a message — both to independent arbitrator Fredric Horowitz as well as potential jurors, should Rodriguez’s lawsuit against MLB actually remain in play — he is ultra-serious about fighting the charges against him.
The hearing is scheduled to resume Nov. 18 at MLB’s Park Avenue headquarters. MLB took eight days to present its case, and it’s now time for Team A-Rod — led by attorney Joseph Tacopina — to display its defense. Testimony by Rodriguez surely would get everyone’s attention.
MLB has accused Rodriguez of using multiple illegal PEDs on multiple occasions, as well as obstructing MLB’s investigation. The conventional wisdom called for Rodriguez not to testify, because the burden of proof falls upon MLB, and since Rodriguez generally doesn’t perform well when asked to think on his feet, and he still could pass on this aggressive action. Nevertheless, Team A-Rod is at least contemplating this maneuver, and that ranks as a surprise in and of itself.
If the proceedings can conclude by Nov. 22, then Horowitz should be able to issue his decision by mid-December.