Concluding that Cuban pitcher Rolando Viera will suffer no irreparable harm if he is taken in this week's Major League Baseball draft, a federal judge denied a request by Viera to be immediately made a free agent eligible to negotiate with all teams.
The Boston Red Sox on Tuesday took advantage of that ruling, grabbing Viera with a seventh-round draft pick. He is a left-handed pitcher who was 18-10 with a 3.12 ERA in his final two seasons with Havana Industriales, one of Cuba's top teams.
"We drafted him to take a look at him," said Kevin Shea, Red Sox spokesman. "Based upon his numbers, it was a reasonable gamble in light of where we were drafting and the players available on the board."
U.S. District Court Judge James D. Whittemore issued his order Monday in Tampa, Fla., after a spirited exchange in court on Friday in which baseball defended its policy of requiring Cubans to enter the draft unless they acquire residence in a third country.
Whittemore did not rule on the merits of Viera's claim that Cubans should be treated the same as other foreign players, but rather his desire for a temporary restraining order against baseball placing his name in the draft.
"If drafted, (Viera) can play professional baseball in the majors," Whittemore wrote. "If he prevails in his (federal discrimination) action, he can seek to have his contract nullified and thereafter compete as a free agent. In short, there are no actual or imminent consequences of being drafted which cannot be undone."
The lead attorney arguing baseball's case said he was pleased with the initial victory.
"He adopted just about all of the arguments we made on the principal issue -- irreparable harm," Howard Ganz, a New York attorney, told ESPN.
Joe Kehoskie, Viera's agent, said Viera plans to immediately appeal the decision on the restraining order to the Eleventh Circuit Court of Appeals in Atlanta. He also said he was encouraged that Whittemore appears receptive to the merits of the lawsuit.
"We view the ruling as a split decision and take comfort in much of the judge's
opinion," Kehoskie said.
Whittemore provided some hope for Viera ultimately prevailing on the merits of his claim. In his comments, he said the lawsuit raises "substantial issues" about whether Cubans are treated unfairly by baseball, which by rule forces only U.S. and Canadian players into the draft.
Baseball had argued that it puts Cuban defectors in the draft as well if they are living in the U.S. and have not acquired legal residence papers in a third country.
Viera's lawyers countered that Viera, 27, is a Cuban citizen on a U.S. visa who is not considered a legal resident of the U.S. by the Immigration and Naturalization Service. They said he should not be treated any differently than players from Venezuela, the Dominican Republic or other countries that the U.S. government does not have a trade embargo with.
Whittemore lauded an aspect of that argument in his comments, citing the claim of Viera's legal team that baseball "cannot justify disparate treatment of Cubans on U.S. soil" just because the embargo prohibits baseball teams from scouting in Cuba.
"I am confident that in the event that the plaintiff continues to press his lawsuit, we will be able to demonstrate that baseball's draft and signing rules have no discriminatory adverse impact on Cuban nationals," said Frank Coonelly, a lawyer for baseball. "Once the facts would be set forth, it would be clear that there's no disparate treatment of Cuban nationals."
A former teammate of New York Yankees pitcher Orlando "El Duque" Hernandez when Hernandez played for Industriales, Viera was suspended before last season for a desire to leave the country.
Viera, who left Cuba in late April, has drawn interest from many major league teams, Kehoskie said. Viera has been working out in Tampa, but Kehoskie has refrained from having pro scouts -- including those of the Red Sox -- watch while Viera gets back in playing shape.
The Red Sox already have one Cuban pitcher on the team, Rolando Arrojo, who defected before the 1996 Olympics.
Cuban defectors often seek residence in a Central and South American countries to avoid baseball's rules regarding Cubans. Viera has said he has no plans to leave the U.S. and wants to be reunited with his wife, who remains in Cuba.
Tom Farrey is a senior writer with ESPN.com. ESPN producer Willie Weinbaum contributed to this report.
| |
|
