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Pete Rose on Trial: summary of testimony

CAMBRIDGE, Mass. -- Here is a running summary of ESPN's "Pete Rose On Trial," a mock trial held Thursday at Harvard Law School's Austin Hall courtroom.

A cast of legal and baseball experts debated whether Rose, the all-time major league leader in hits (4,256), should be admitted to the Baseball Hall of Fame nearly 14 years after he signed an agreement with baseball commissioner A Bartlett Giamatti declaring himself permanently ineligible for induction at Cooperstown in accordance with Major League Rule 21.

Judge Catherine Crier, the Emmy Award-winning journalist and host of Court TV's "Catherine Crier Live," introduces the two attorneys who will argue the case in the "spirit, not the minutia of the law."

Alan Dershowitz
Prosecuting attorney
Opening argument: "Baseball is a game of rules," Dershowitz begins, "and there is one rule that exists and appears in every clubhouse and every ballpark, all the way down to the minor leagues. And that is: Thou shall not bet on baseball, especially not a game in which you have a duty. Anyone who violates that rule should be ruled permanently ineligible."

Dershowitz details his plans to prove that Rose bet on Major League Baseball games, citing the 225-page Dowd Report, authored by former federal prosecutor John Dowd. The prosecutor insists that Rose must admit he bet on games -- something, to this point, he has refused to do -- before his inclusion in the Hall of Fame should be considered.

"The ball is in his court," Dershowitz says. "He has to do the right thing."

To the jury, Dershowitz adds: "Do the right thing, not the easy thing."

Johnnie Cochran
Defense attorney
Opening argument: "You are the consciousnesses of the community, the fans," Cochran says. "When you hear all the evidence, you will believe baseball has not done the right thing."

First Cochran lists Rose's baseball accomplishments. Then, he unveils his strategy to attack the credibility of the Dowd Report. He describes it as a prosecution document that is compromised by several conflicts of interest. Cochran also questions the agreement Rose signed with then-commissioner Giamatti.

In the end, after the judge asks him to get to the point, Cochran says: "The issue is whether Peter Edward Rose is eligible for the Hall of Fame."

Without Rose, Cochran says, the Baseball Hall of Fame will be the "Hall of Shame."

Lester Munson
Prosecution witness: Sports Illustrated investigative reporter and an attorney.
Testimony: In the absence of Dowd himself, Dershowitz leads Munson through a detailed explanation of the major findings in the Dowd Report. Munson, who says he has read the Dowd Report "many" times, describes betting slips that bear, according to experts, Rose's fingerprints and handwriting.

Munson explains that the Dowd Report reached the conclusion that Rose had bet on baseball in a "major way." Munson also related a story that Rose had an associate in the stands relay out-of-town scores to him when the Cincinnati scoreboard was broken.

Dershowitz asks Munson if there was a conspiracy to keep Rose out of the Hall of Fame. "No," Munson answers.

In his cross-examination, Cochran tries to rattle Munson, suggesting that the Hall of Fame unfairly changed its rules and prevented Rose from annually petitioning for inclusion.

Jim Palmer
Prosecution witness: Hall of Fame pitcher Jim Palmer, a three-time American League Cy Young Award winner, gives his deposition via videotape.
Testimony: Palmer says that his interpretation of Rule 21-D is that if anyone involved in a Major League Baseball game "that's when you will be banned permanently from baseball." Palmer relates an anecdote of then-commissioner Bowie Kuhn saying at a baseball dinner that his job is largely "trying to maintain the integrity of baseball."

Prodded by Dershowitz, Palmer lists a number of ways a manager could adversely influence the outcome of a game, such as leaving a pitcher in the game too long. Palmer also describes the value of inside information, such as player injuries, to bettors.

If he could speak to Rose, Palmer says, he would say, "This is not about you and me. For you to be where you belong, you have to let us know what really happened. And be responsible for it."

Cochran gets Palmer to admit he never read the Dowd Report in its entirety. Palmer also concedes that he has no direct evidence that Rose ever did anything to hinder his team's performance.

Dr. Jon Grant
Prosecution witness: Assistant professor of psychiatry and human behavior at Brown University, a compulsive gambling expert.
Testimony: Grant describes the "reactive psychotic" behaviors -- the lengths compulsive gamblers go to -- in order to get out of debt. Grant says that "winning big" is a classic way to escape debt, and that denial and lying are part of the process.

Cochran, on cross-examination, makes it clear that Grant never examined Rose and is not in a position to call Rose a compulsive gambler.

Grant acknowledges that between 3 and 4 percent of adults can be classified as compulsive gamblers in a sickness that is similar to alcohol and drug addiction. Under prodding from Cochran, Grant agrees that sports leagues have habitually failed to address compulsive gambling as a sickness.

Steve Garvey
Prosecution witness: Assistant 10-time All-Star and holder of the National League record of 1,027 consecutive games.
Testimony: Garvey says he had talked with Rose numerous times since he was banned from baseball, as recently as three to four months ago.

"I like Pete Rose," Garvey says. "Nobody played the game harder than Pete Rose. Peter Rose had and has a problem, and that's gambling. If he looked in the camera and said, 'I made a mistake. I ask for forgiveness ...' he'd be in the Hall of Fame today."

Garvey says he thinks Rose is moving toward admitting he has a disease and addressing it in a professional manner.

Cochran tells Garvey that while Rose has admitted to gambling on non-baseball sports, he has steadfastly denied that he bet on Major League Baseball games.

Dan Shaughnessy
Prosecution witness: Boston Globe columnist and author.
Testimony: Like Garvey, Shaughnessy says that Rose's on-field accomplishments are not diminished by his unsavory off-field habits. "In my view, he loved betting more than he loved baseball," Shaughnessy says.

Dershowitz asks Shaughnessy if Rose would be considered for enshrinement if he admitted to betting on baseball. Says Shaughnessy, "Absolutely."

Cochran brings up several Hall of Famers with character flaws like drinking, "womanizing" and alleged racism. He asks Shaughnessy if it was fair of the commissioner to change the eligibility rules after Rose signed the agreement with Giamati.

"The king is doing something the people oppose," Cochran says, framing his entire argument.

Hank Aaron
Defense witness: Hall of Fame outfielder and all-time career leader in home runs (755), RBI (2,297) and total bases (6,856).
Testimony: As Cochran's first defense witness, Aaron speaks fondly of his baseball accomplishments, but says that his Hall of Fame enshrinement in 1982 was "the highest honor that I have received."

Aaron details Rose's many feats in baseball and says that Rose "deserves to have his plaque be put into Cooperstown. He's been punished enough."

Baseball fans, Aaron says, agree with him. Aaron says that when Rose was introduced in October 1999 in Atlanta, as a member of the 30-man All-Century team, he received a bigger ovation than Aaron.

Dershowitz asks Aaron if Rose had, in fact, bet on baseball games if he should admit it. Aaron says yes and then added that "the sports world would forgive him."

On redirect, Cochran tells Aaron that Rose had never admitted to betting on baseball.

Arnie Wexler
Defense witness: Renowned counselor for chronic gamblers.
Testimony: Under Cochran's questioning, Wexler says that Harvard research suggests that between 1 and 7.6 percent of the U.S. adult population can be described as compulsive gamblers. He adds that gambling should be viewed in the same way as alcohol or drug addiction.

"We need to treat all the addictions the same way," Wexler says. "That's the real problem in this country, but it will be changing in the next few years. Baseball needs to get real pro-active on this issue. All professional sports need to wake up and get their head out of the sand."

Dershowitz describes Wexler's personal history as a compulsive gambler and asks him if it's possible to turn a life around by admitting the problem.

"Absolutely," Wexler says.

And what if he doesn't? Wexler says he isn't so sure.

Bill James
Defense witness: Baseball historian and Boston Red Sox consultant.
Testimony: While he says he understands the need for organized sports to hold that gambling is wrong and should not be tolerated, James adds, "I think that 14 years is enough to make that point."

James cites the NFL's brief suspension of Alex Karras and Paul Hornung, and their subsequent reinstatement, after they bet on league games. Baseball, he says, will survive Pete Rose and his gambling transgressions.

Dershowitz attacks James' assertion in a recent book that the Dowd Report is a flawed document. In the most lively give-and-take so far, Dershowitz questions James' understanding of the facts.

Finally, Dershowitz asks, why would baseball be "out to get" its most valuable asset?

Cochran, sounding a familiar theme of executive privilege, asks James how many players are enshrined in the Hall of Fame that were at one point ineligible. James says the number approaches 50.

Bill "The Spaceman" Lee
Defense witness: Former Red Sox lefthander pitcher and two-time author.
Testimony: Lee gets the biggest round of sustained applause (the first of three) for describing his second book to the audience in the Cambridge court room as revisionist history, "so the Red Sox would win every year and the Yankees would lose."

Cochran walks Lee through his own baseball transgressions -- spitballs and emery boards -- before turning the subject to Pete Rose.

Lee admits he dislikes Rose - "He's a pain in the ass" -- but says he is the greatest two-strike hitter he ever saw.

Should he be in the Hall of Fame?

"Most definitely," Lee says. "He's got the numbers. He's the kind of guy you hate, but if you were putting together a team, you'd draft him."

Dershowitz spars with Lee, who says he doesn't believe Rose manipulated the results of Cincinnati Reds games as manager.

"It's not a capital offense," Lee says in his final discussion with Cochran.

Dave Parker
Defense witness: Seven-time All-Star, who played under Rose in Cincinnati from 1984-87.
Testimony: Led by Cochran, Parker describes Rose as a "fierce competitor" and "a man who really loved the game."

At any time, Cochran asks Parker, did he ever see Pete Rose bet on baseball, as a player or manager?

"No," Parker said.

Did he ever see him throw a game?

"No," Parker repeated.

Dershowitz asked Parker if, given he was presented indisputable evidence that Rose bet on baseball, Rose should be in the Hall of Fame. Parker says he is not aware that that kind of evidence exists.

Should Rose be in the Hall of Fame?

"Without a doubt," Parker says. "It's all about numbers. He's the all-time hit king."

"Are you in the Hall of Fame?" Cochran asks.

"No," Parker says, "but I should be."

Johnnie Cochran
Defense attorney
Closing argument: Cochran says he is honored to represent the interests of Pete Rose. He says he hopes the jury will render "baseball justice."

"Enough is enough," Cochran says. "Enough is enough. This man, this icon. ... Everybody agrees that, based on his on-field exploits, he is entitled to be in the Hall of Fame. The question is whether he's eligible for admission."

Cochran's main thrust is that the Dowd Report is biased and wrong, and that Rose has never admitted he bet on baseball. He claims that Rose signed his agreement with Giamatti thinking he would be admitted to the Hall of Fame in a few years. When Giamatti died, Cochran asserts, his successor Fay Vincent changed the rules so that Rose's eligibility would not be considered.

"You have the power," Cochran tells the jury. "Fourteen years of banishment ... enough is enough. Now it's time to bring Pete Rose home -- home to the Hall of Fame."

Alan Dershowitz
Prosecuting attorney
Closing argument: Dershowitz says he understands, from an emotional standpoint, why fans want to see Rose in the Hall of Fame. "But you can't change the rules," Dershowitz says.

Dershowitz calls Cochran's "brilliant" closing argument a multiple-choice defense. "If you don't like the first choice, pick the second," Dershowitz says.

Citing the Dowd Report, Dershowitz points to evidence that Rose bet on baseball, in particular a Cincinnati-Montreal game. "This alone must persuade you he bet on baseball," Dershowitz says. "This alone must persuade you that he lied about it.

"If you believe he didn't bet on baseball, put him in the Hall of Fame. If you agree with the prosecution that he bet on baseball while denying it, keep him out."

Finally, borrowing from a certain nationally prominent defense attorney, Dershowitz pauses dramatically.

"If he bet on the game," he says, wagging a finger, "there's no Hall of Fame."

Judge Catherine Crier
Final instructions to the 12-person jury: "You've heard all the evidence of the case," she says. "You are the sole judges here. The sole question: 'Should Pete Rose now be eligible for the Hall of Fame?' "

Greg Garber is a senior writer for ESPN.com