Book excerpt: Does the future of college football need a commissioner?
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Bill ConnellyAug 25, 2025, 07:40 AM ET
Close- Bill Connelly is a writer for ESPN. He covers college football, soccer and tennis. He has been at ESPN since 2019.
Editor’s note: On Sept. 2, ESPN writer Bill Connelly’s book “Forward Progress: The Definitive Guide to the Future of College Football” will be released. This edited excerpt looks at whether the sport needs central leadership like professional leagues.
In 1920, professional baseball was in crisis. The Black Sox scandal, in which eight members of the Chicago White Sox — star outfielder “Shoeless Joe” Jackson; co-aces Eddie Cicotte and Lefty Williams; four other starters (first baseman Chick Gandil, shortstop Swede Risberg, third baseman Buck Weaver, and outfielder Happy Felsch); and a key backup infielder (Fred McMullin) — were indicted and accused of throwing the 1919 World Series, had, along with allegations of other fixed games, shaken the sport to its core. Baseball had been governed by a National Commission consisting of three parties with extreme self-interest: National League president John Heydler, American League president Ban Johnson, and Garry Herrmann, president of the Cincinnati Reds team that had beaten the White Sox in the World Series. Its leadership proved lacking in this moment, and its questionable independence severely damaged perceptions. Herrmann resigned from the commission in 1920, and the commissioners couldn’t agree on a new third member.
In early October 1920, days before the start of that season’s World Series between the Brooklyn Robins and Cleveland Indians, leaders of the Chicago Cubs, Chicago White Sox, New York Giants, and Pittsburgh Pirates proposed a tribunal of, in the words of the New York Times, “three of America’s biggest men, with absolute power over both major and minor leagues.” A letter sent to every major and minor baseball club said, “If baseball is to continue to exist as our national game (and it will) it must be with the recognition on the part of club owners and players that the game itself belongs to the American people, and not to either owners or players.”
The letter stated that “the present deplorable condition in baseball has been brought about by the lack of complete supervisory control of professional baseball,” that “the only cure for such condition is by having at the head of baseball men in no wise connected with baseball who are so prominent and representative among the American people that not a breath of suspicion could be ever reflected.” It concluded, “The practical operation of this agreement would be the selection of three men of such unquestionable reputation and standing in fields other than baseball that the mere knowledge of their control of baseball, in itself, would insure that the public interests would first be served, and that, therefore, as a natural sequence, all existing evils would disappear.” This tribunal would have the power to punish players, strip owners of their franchises, “establish a proper relationship between minor leagues and major leagues,” you name it.
This proposal, first discussed by Cubs shareholder A.D. Lasker, became known as the Lasker Plan. Perhaps unsurprisingly, a number of clubs — particularly, those in the American League still loyal to the strong-willed Johnson — initially balked at the idea, to the point where the National League considered beginning an entirely new league with a few insurrectionist AL clubs, including the New York Yankees and Boston Red Sox. But all necessary parties eventually came to the table, and figures as grand as former president William Howard Taft, General John J. Pershing and former treasury secretary William G. McAdoo were under discussion for the tribunal.
The search pretty quickly began to revolve around a single figure: Judge Kenesaw Mountain Landis. A known baseball fan and an occasional showman on the bench, the 54-year-old Landis was known primarily for his antitrust judgment against Standard Oil, issuing the corporation a $29.2 million fine in 1907, equivalent to almost $1 billion today. (The U.S. Court of Appeals would eventually strike down the verdict.) He was regarded as tough but thoughtful, a grand figure but a supporter of the everyman. He would go on to serve as the sport’s first commissioner, a one-man tribunal, until his death in 1944.
Landis proved ruthless and uncompromising when he felt he needed to be. Despite all of the indicted “Black Sox” being acquitted in a criminal trial, Landis still banned them from baseball for life, stating, “Regardless of the verdict of juries, no player that throws a ball game; no player that undertakes or promises to throw a ball game; no player that sits in a conference with a bunch of crooked players and gamblers where the ways and means of throwing ball games are planned and discussed and does not promptly tell his club about it, will ever play professional baseball.” For better or worse, he stuck to that decision through the years despite both legal and emotional appeals.
Landis wasn’t a ruthless traditionalist, however. The All-Star Game was created under his watch in the early 1930s and proved to be a big hit, and while he didn’t seem to approve of the development of farm systems, in which minor league clubs developed affiliations with major league clubs to develop and promote their talent through the ranks, he also didn’t stop it, choosing only to step in on a case-by-case basis. He was far from infallible — you can certainly find inconsistency in some of his decisions, and Lord knows baseball didn’t exactly speed toward integration under his watch. (Jackie Robinson’s major league debut came two and a half years after Landis’ death. He might not have stopped that from happening had he still been in charge, but he certainly wasn’t pushing owners to become more progressive in this regard.) But he provided as steady a hand as possible, and both the trust in and popularity of baseball grew under his watch.
Absolute power? A dictatorial hand over the sport you’ve loved since childhood? Man, sign me up. That sounds amazing. Sure, I’ve never issued a billion-dollar fine to anyone, and my strongest bona fides regarding my general incorruptibility probably stem from the time I went on “The Paul Finebaum Show” and proclaimed that Cincinnati should have ranked higher than the SEC’s Texas A&M in the 2020 College Football Playoff rankings. But that qualifies as speaking truth to power, right?
In 2017, while at SB Nation, I indeed decided to run for college football commissioner. Granted, there was no such election and no such position, but it felt like a good use of time all the same. “College football needs someone to make long-term decisions,” I wrote. “College football needs someone who can reflect the interest of programs at every level: Alabama, Alabama-Birmingham, North Alabama, and all.”
There was an explosion of commish talk in 2016, thanks to a number of issues like College Football Playoff selections, conference schedules (mainly that some conferences play eight conference games and others play nine), and high school satellite camps, an issue that was all the rage for a few months and then vanished from consciousness altogether, to the point where I don’t even feel the need to define it here. “There needs to be somebody that looks out for what’s best for the game,” Alabama‘s Nick Saban said at the time, “not what’s best for the Big Ten or what’s best for the SEC or what’s best for Jim Harbaugh, but what’s best for the game of college football — the integrity of the game, the coaches, the players, and the people that play it. That’s bigger than all of this.” (Harbaugh was at the center of the satellite camp issue that I’m still not going to explain further.) But even with Saban’s high-visibility comments, nothing came of it. Nothing ever comes of it.
Through the decades the only thing everyone has seemingly agreed on in this sport is the need for a commissioner figure.
“Charley Trippi, one of the all-time greats in college and professional football … said college football today needs a national commissioner to direct the game on a national basis. Trippi … charged that the National Collegiate Athletic Association is ‘controlled by the Big Ten.’ He said he felt no conference in the nation should have any kind of monopoly in the game.” — Macon News, 1958
“You don’t think we need a commissioner and a set of rules to make things even? We’re the only sport in America that doesn’t have the same set of rules for everybody that plays … Everybody goes to their own neighborhood and makes their own little rules.” — Florida State head coach Jimbo Fisher, 2016
“I think there’s a perception with the public that perhaps college football doesn’t have its act together because there are so many different entities pulling in different directions.” — former Baylor head coach Grant Teaff, 1994
“… If you’re biased by a specific conference or if you’re impacted by making all your decisions based on revenue and earnings, then we’re never going to get to a good place.” — Penn State head coach James Franklin, 2024
“What this business needs is a commissioner who has the best interest of the game in mind. There needs to be somebody who creates a structure in which people just don’t cannibalize each other. … The NCAA president doesn’t have any legal authority to do much, in his defense, because they’ve given away that authority over the course of the last 60 years.” — West Virginia athletic director Oliver Luck, 2011
“I think we need to have a … commissioner. I think football should be separate from the other sports. Just because our school is leaving to go to the Big Ten in football … our softball team should be playing Arizona in softball. Our basketball team should be playing Arizona in basketball. … And they’ll say, well, how do you do that? Well, Notre Dame’s independent in football, and they’re in a conference in everything else. I think we should all be independent in football. You can have a 64-team conference that’s in the Power 5, and you can have a 64-team conference that’s in the Group of 5, and we separate, and we play each other. You can have the West Coast teams, and every year we play seven games against the West Coast teams and then we play the East — we play Syracuse, Boston College, Pitt, West Virginia, Virginia — and then the next year you play against the South while you still play your seven teams. You play a seven-game schedule, you play four against another conference opponent, division opponent, and you can always play against one Mountain West team every year so we can still keep those rivalries going. … But I think if you went together collectively, as a group, and said there’s 132 teams and we all share the same TV contract, so that the Mountain West doesn’t have one and the Sun Belt doesn’t have another and the SEC another, that we all go together, that’s a lot of games, and there’s a lot of people in the TV world that would go through it. … But I think if we still do the same and take all that money … that money now needs to be shared with the student-athletes, and there needs to be revenue sharing, and the players should get paid, and you get rid of [NIL], and the schools should be paying the players because the players are what the product is. And the fact that they don’t get paid is really the biggest travesty. Not that I’ve thought about it.” — UCLA head coach Chip Kelly, 2023
Kelly’s spiel, spoken at a pace faster than his fastest old Oregon offense at a press conference before UCLA’s LA Bowl appearance, made waves. In a way, he was basically calling for a College Football Association of sorts, an all-of-FBS league that could negotiate a huge television contract to be divvied out in a fair manner. In a perfect world, maybe that’s what would exist. But as with any other “In a perfect world …” construct, the real world prevailed instead.
The waves continued after Kelly’s comments. In January 2024, Nick Saban retired in part because he was frustrated with all the different demands of the NIL era. In February, Saban told ESPN’s Chris Low, “If my voice can bring about some meaningful change, I want to help any way I can, because I love the players, and I love college football. What we have now is not college football — not college football as we know it. You hear somebody use the word ‘student-athlete.’ That doesn’t exist.” A company man until the end, Saban suggested that either SEC commissioner Greg Sankey or Alabama athletic director Greg Byrne might make a good commissioner for the sport. (“They would be more qualified than I am. They’re in it every day and know all the issues.”) In December 2024, Penn State head coach James Franklin expressed frustration with the state of the college football calendar and the fact that his backup quarterback, Beau Pribula, felt he needed to hop into the transfer portal before the Nittany Lions’ College Football Playoff journey began to make sure he had a solid home for the winter semester. His solution? “Let’s get a commissioner of college football that is waking up every single morning and going to bed every single night making decisions that’s in the best interest of college football. I think Nick Saban would be the obvious choice if we made that decision.”
Did anything come of that? Of course not. But that just means I’m still a candidate, right?
Back in 2017, my campaign platform consisted of nine pillars intended to maximize both the athlete’s experience and the fan’s enjoyment of the sport:
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A student-athlete bill of rights to ensure proper health care options, guaranteed undergraduate scholarships, and freer transfer rules.
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A modernized definition of amateurism that allowed players to profit off of their name, image, and likeness.
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The return of the EA Sports video game. (Hey, you have to throw some red meat to the base, right?)
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A fairer recruiting landscape that allowed players easier releases from their letters of intent if a coach left and explored changes to signing periods and regulations surrounding official visits and other recruiting rules.
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A system of promotion and relegation that incorporates actual merit into the sport’s power structure. (This one’s always on my mind.)
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An expanded playoff.
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Ditching unequal conference divisions in favor of a system of permanent rivalries and a larger rotation of opponents.
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Increasing creativity and flexibility in nonconference scheduling. (One idea: a “BracketBuster Saturday” in November in which everyone in FBS gets paired off based on in-season results.)
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Changes in clock rules that stemmed the recent increases in average game times, which had reached nearly three and a half hours per game.
It’s been about eight years since I put that list together, and damned if I haven’t gotten a lot of what I wanted: We’ve seen either partial or complete success for items No. 1, 2, 3, 4, 6, 7, and 9. That’s a hell of a success rate, especially considering how hard it is to actually institute change in this sport at times. But it feels like a lot of the forces I was responding to at the time — mainly, massive disorganization within the sport and an ever-increasing imbalance between haves and have-nots — have only gotten worse since 2017. Why? BECAUSE WE STILL HAVE NO COMMISSIONER! Any change that could have produced progressive outcomes only made the imbalance worse because when no one’s in charge, that really means that the most powerful and self-interested figures in the sport are in charge. And their only goal is to reinforce the power structure.
“I can’t tell you how many times I heard [former Big Ten commissioner] Jim Delany say two things,” former Mountain West commissioner Craig Thompson said. “One: ‘You didn’t bring the Rose Bowl, or the Orange Bowl, or the Sugar Bowl, or the Fiesta Bowl, so [you get] whatever we decide you are worthy of.’ He also used to say, ‘The world cares more about 6-6 Michigan than 12-0 Utah, and until you realize and understand that and accept that …’ and I got it. But we always seemed to find a way to work together for the good of the cause, the good of the overall enterprise. Great, you started the Rose Bowl, but was it all bad that TCU beat Wisconsin in the Rose Bowl [in 2011]? That Utah beat Alabama in the Sugar Bowl [in 2009]? Did the enterprise come crumbling down? No. We’re trying to look at the good of the cause and what’s best for the second most popular sport out there, and what I always had in the back of my mind trying to protect was how we could make sure that people give a damn about college football.”
For somewhere between 10 and 30 years, Delany was the sport’s most powerful figure. He kick-started multiple runs of conference realignment, and the Big Ten’s creation of the Big Ten Network turned out to be a game-changer. But college football’s most powerful figure was also doing everything he could to keep other conferences’ ambitions in check, to almost limit the sport’s potential growth in other areas of the country.
“When people talk about wanting a commissioner, what they’re really asking for is someone whose job it is to look out for the betterment of the sport as a whole,” said NBC Sports’ Nicole Auerbach. “I know it sounds really pollyannaish and idealistic, but you don’t have someone whose job it is to look out for the greater good. So you have competing interests. You have an NCAA president who has certain motivations and goals — and major college football is not even under their purview. And then you have all these different commissioners, and it makes a lot of sense that we ended up in a position where conferences started hiring outside of college sports. They hired businesspeople, they hired media executives, and then those people believe that their goal is to advance the interest only of their conference because that’s how those jobs work.”
“Lately, it seems like we’ve morphed into, ‘I’ve gotta feed the beast,'” said Thompson. “‘I’ve got 18 schools, 16 schools …’ In 2023, there were five autonomous conferences with an average membership of 13 schools each. Now we’ve got four autonomous conferences with an average membership of 17. We’ve gone to that consolidation, and a commissioner is paid to protect his 14, 16, 18 school interests. But, man, it just doesn’t seem like we care as much about how we just keep this thing going, how we keep 80,000 people, 50,000 people, hell, even 30,000 people coming to games.”
Now, professional sports have proven rather definitively that you can be disorganized and inequality-friendly with a commissioner atop the organizational chart. Just look at the last 35 years for most of Europe’s biggest soccer leagues or large swaths of Major League Baseball’s history — baseball had all the inequality a fan of capitalism could possibly crave, especially in the 1990s. And, hey, having an occasional tyrant like David Stern in charge didn’t stop the NBA from basically being ruled by three teams for decades — from 1980 to 2002, the Los Angeles Lakers, Boston Celtics, and Chicago Bulls won 17 of 23 titles. Even in the NFL, all the parity measures in the world couldn’t stop the teams that employed either Tom Brady (New England, then Tampa Bay) or Patrick Mahomes (Kansas City) from winning 10 of 24 Super Bowls from 2001 to 2024.
It’s also not hard to see how a dictatorial figure like the Landis-style commissioner I dream of becoming could get corrupted. (I wouldn’t, of course — you can trust me — but others might.)
You can obviously manage things quite poorly with a commissioner in charge. But the only thing worse might be not having one. Professional organizations have commissioners, and at its highest level college football is now a professional organization of sorts. But a quote from Notre Dame president Father John J. Cavanaugh from the late 1940s still rings impressively true: “The type of reformers I refer to are those who play with the question for public consumption, who seem to say that an indefinable something has to be done in a way nobody knows how, at a time nobody knows when, in places nobody knows where, to accomplish nobody knows what. I wonder if there are not grounds to suspect that the reformers … protest too much, that their zeal may be an excuse for their own negligence in reforming themselves.”
Of course, there’s no place for a commissioner in college football’s structure. There’s no National College Football Office for him or her to occupy. England has spent the last few years working toward an “independent football regulator” (IFR) to oversee soccer as a whole in the country — in a lot of the same ways we’re talking about here — and it might create an intriguing model to follow. Or it might prove to totally lack independence from either partisan government or financial influence. We’ll see.
The creation of the College Football Playoff as an entity might have produced an opportunity for a leadership structure of sorts — imagine a situation in which schools must opt in to CFP membership (which features a set of rules and protocols you must follow) to compete for the CFP title — but it doesn’t appear we’re anywhere close to that at the moment. Among other things, expanding the CFP’s governance potential would again require a vote from Sankey and Petitti to strip themselves of power. “It could come through the CFP,” Auerbach said. “They already have a governance structure. In theory, they could build that out and add all of the bureaucratic pieces they would need to truly govern the sport. But you would need the people who are powerful now to be willing to give up some of that power for the collective good of the sport — you would need to have a willingness from the SEC and Big Ten commissioners, or those schools in their leagues, to give up power to have a collective, centralized, powerful figure. … It’s just hard to imagine that that would happen.”
“I think any governance system probably has to shift power away from the presidents,” said Extra Points’ Matt Brown, “… That could be a centralized commissioner. That could be a different board.” Right now, however, it’s nothing. And without anyone atop the pyramid, any change that could be good for the sport just exacerbates the haves-versus-have-nots divide that already exists.
Writing about the possibility of interleague play in Major League Baseball in the early 1970s, Roger Angell wrote, “The plan is startling and perhaps imperfect, but it is surely worth hopeful scrutiny at the top levels of baseball. I am convinced, however, that traditionalists need have no fear that it will be adopted. Any amalgamation would require all the owners to subdue their differences, to delegate real authority, to accept change, and to admit that they share an equal responsibility for everything that happens to their game. And that, to judge by their past record and by their performance in the strike, is exactly what they will never do.” He was right and wrong: it did come into existence, but it took 25 years to do so. We’ve been talking about a college football commissioner for far longer than that, and there doesn’t yet appear to be much of an appetite for subduing differences or delegating real authority. And it’s hard to imagine that changing without some sort of Black Sox-level emergency.
Then again, we can only envision what we know to envision. “Our imagination is bound by our experiences,” The Athletic’s Ralph Russo said. “And that’s making it hard to see where all this could possibly go. I feel like there’s a conclusion here that nothing in our collective experience could have brought us to. There’s just something, some other event, that is going to influence college football, probably an outside event. I say that because the history of college football is riddled with outside events totally influencing the power structure. It’s demographic movement — where the population goes within the United States. It’s wars. It’s segregation and desegregation. All of these things. So is the next thing something that completely disrupts the university system? Is it something that disrupts the U.S. government?”
At best, a commissioner figure could for the first time give the sport a vision to follow and a steadying hand for guidance. At worst, he or she would reinforce the divides and inequality that have already been established, furrowing his or her brow and talking about how great and deep college football is and how hard it is to satisfy everyone before simply giving the SEC and Big Ten whatever they want.
Regardless, I’m keeping my hat in the ring. CONNELLY 2025 (or 2036, or 2048, whatever it ends up being).
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November 16, 2025By
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Free agent utility man Enrique Hernandez had left elbow surgery Friday for an injury he played through during the Los Angeles Dodgers‘ World Series-winning run.
Hernandez posted about the surgery on Instagram, saying he had played through the injury since May and that it would keep him from playing for Puerto Rico in the World Baseball Classic next year.
He missed more than a month on the injured list during the season due to his elbow but returned in August.
Hernandez, 34, batted .203 with 10 home runs and 35 RBIs in 92 games during the regular season before posting a .250 average with one home run and seven RBIs in the playoffs as the Dodgers won a second straight title.
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Congress wants MLB answers on betting scandal
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November 16, 2025By
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David PurdumNov 14, 2025, 03:42 PM ET
Close- Joined ESPN in 2014
- Journalist covering gambling industry since 2008
Members of Congress sent a letter to Major League Baseball commissioner Rob Manfred on Friday, expressing concern over a “new integrity crisis” facing American sports and asking for answers about the alleged betting scheme that led to the recent indictments of two Cleveland Guardians pitchers.
Members of the Senate Committee on Commerce, Science and Transportation, which oversees professional sports, called the allegations against Guardians pitchers Emmanuel Clase and Luis Ortiz “markedly more serious” than other recent betting incidents in baseball. Federal prosecutors on Sunday indicted Clase and Ortiz and accused them of rigging individual pitches over multiple games so gambling associates could profit on wagers.
Sens. Ted Cruz and Maria Cantwell, who lead the committee, questioned why Clase’s alleged actions, which began in May 2023, were not discovered for two years. They contrasted the case with that of former major leaguer Tucupita Marcano, who was banned in 2024 for betting on baseball.
“How did MLB catch Marcano and ban him for life but failed to notice Clase allegedly rigging pitches for two years?” the letter states. “The integrity of the game is paramount. MLB has every interest in ensuring baseball is free from influence and manipulation. … But in light of these recent developments, MLB must clearly demonstrate how it is meeting its responsibility to safeguard America’s pastime.”
The committee members asked when and how MLB was made aware of the alleged activity by Clase and Ortiz and for documentation detailing the league’s betting policies and details of any other betting-related investigations since Jan. 1, 2020. The committee requested the information and documentation by Dec. 5.
ESPN has reached out to MLB for comment. On Monday, MLB announced that its sportsbook partners had agreed to place a $200 limit on all bets involving individual pitches and prohibit such wagers from being included in parlays. The measures were taken to reduce the amount that could be won from pitch-level bets and therefore decrease the incentive of manipulation.
The same committee sent a letter to the NBA in October, asking for information related to that league’s handling of the alleged betting scandal that led to the indictments of Portland Trail Blazers coach Chauncey Billups, former player and coach Damon Jones and Miami Heat veteran guard Terry Rozier.
“An isolated incident of game rigging might be dismissed as an aberration, but the emergence of manipulation across multiple leagues suggests a deeper, systemic vulnerability,” the committee wrote. “These developments warrant thorough scrutiny by Congress before misconduct issues become more widespread.”
Sports
In Skaggs court case, Angels’ challenges mount
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November 16, 2025By
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Michael RothsteinNov 16, 2025, 07:00 AM ET
Close- Michael Rothstein, based in Atlanta, is a reporter on ESPN’s investigative and enterprise team. You can follow him via Twitter @MikeRothstein.
Testimony in the wrongful death lawsuit against the Los Angeles Angels underscores the difficulties team attorneys face convincing the jury they were unaware of addiction concerns before employee Eric Kay provided a fentanyl-laced pill that killed pitcher Tyler Skaggs in 2019.
The court case, now entering its sixth week, continues to focus on the team’s handling of Kay’s drug addiction treatment and whether officials did enough to protect Skaggs as Kay’s behavior became increasingly strange, causing Kay’s wife and some Angels employees to raise questions of drug abuse.
Kay was present in Skaggs’ hotel room the night he overdosed on alcohol and opioids, less than a month after Kay returned to work from a drug addiction treatment program. In Kay’s 2022 criminal trial, witnesses testified that Kay distributed pills to other players.
The team doctor testified last week that he prescribed more than 600 opioid pills to Kay over several years before learning how addictive the pills could be.
Contradictory testimony by current and former Angels representatives has sharpened scrutiny about what the Angels knew — and whether officials relayed concerns about Kay to Major League Baseball. Among the trial’s key elements in the past two weeks:
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Deborah Johnston, the Angels vice president of human resources, testified Monday that the team worked with MLB to address Kay’s addiction, despite her own deposition and previous testimony by other Angels officials saying they had no knowledge of any such coordination.
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MLB sent a statement to ESPN denying any knowledge of or involvement in Kay’s treatment. In front of the judge after jurors left the courtroom on Wednesday, the Skaggs family attorneys accused Johnston of committing perjury, a serious allegation. Angels attorneys immediately denied the perjury accusation.
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Angels officials testified they believed Kay’s problems came from prescribed medication to address mental health issues, while clubhouse employees testified they either witnessed or believed Kay had a problem with drugs.
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Angels officials testified they believed Kay suffered from bipolar disorder even though Kay’s medical records when he entered rehabilitation in April 2019 showed no record of medication to treat bipolar disorder. Kay’s ex-wife, Camela, testified she was not aware of a bipolar diagnosis.
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The team doctor, Craig Milhouse, testified that he prescribed Kay 600 pills of the opioids Norco and Vicodin over a 44-month period between 2009 and 2013.
The crux of the case is whether the Angels knew Kay was abusing drugs and providing them to players, including Skaggs while working in his official capacity. Kay is serving 22 years in federal prison for providing the drug that killed Skaggs in a Texas hotel room on July 1, 2019. The team contends he and Skaggs were acting privately in their off time when the overdose occurred.
The plaintiffs claim the Angels put Skaggs in harm’s way by continuing to employ Kay when his behavior showed warning signs of drug abuse. Angels officials say they are not responsible for Skaggs’ death, were not aware of his drug use and that it was Skaggs’ reckless decision to mix alcohol with illicit drugs that killed him. Officials also testified they were not aware Kay was providing drugs to players when Skaggs died.
The Skaggs family is seeking $118 million in estimated lost wages, in addition to potential punitive damages.
Johnston testified last week that the franchise had worked with MLB to get Kay help for his drug addiction. It’s the first time an Angels official suggested MLB was informed of Kay’s problem — a major bone of contention on the question of team responsibility.
Johnston said that when the Angels investigate potential use of illegal substances on team property, one option is immediate termination, depending on the findings. “Another option is to work with MLB, as we did in this case, and with our physician, Dr. [Erik] Abell,” she stated. Abell was the team’s liaison with MLB for such issues.
Johnston also testified that Kay was drug-tested under MLB’s policies, not those of the Angels.
In a text-messaged statement to ESPN about the perjury accusation, Angels’ attorney Todd Theodora wrote: “The accusation that Ms. Johnston committed perjury is completely false and defamatory. Her testimony was truthful based on several text messages she was recently shown demonstrating that Dr. Abell was treating Eric Kay.”
He added that Johnston “did not make any statements about whether Dr. Abell reported this further to MLB.”
An MLB spokesperson denied the league knew of Kay’s drug use or was involved with Kay’s treatment.
In separate weekend comments to ESPN, Theodora and lead plaintiffs attorney Rusty Hardin argued about the perjury issue, with Theodora characterizing the absence of a ruling by the judge on the accusation as a win for his side, while Hardin insisted that no ruling means the issue remains alive — including plaintiffs’ efforts to get MLB testimony.
California-based civil attorney Geoffrey Hickey told ESPN that perjury can only be proven if Johnston “willingly and knowingly” made a false statement under oath. Hickey said Hardin has a “good-faith argument,” but he doesn’t think Johnston’s statements rise to the level of perjury.
Johnston testified in a September pretrial deposition that no one had reported Kay’s drug use to MLB. She explained Monday she “learned additional information” about the Angels’ communications with MLB after giving her deposition. She said she couldn’t remember the exact document where she learned the information.
Kay’s immediate superior, Tim Mead, and the Angels’ traveling secretary, Tom Taylor, testified earlier in the trial that Abell worked with Kay but made no mention of reporting his case to MLB.
Team doctor Milhouse testified that he believed Abell, the team’s sports psychologist, was the liaison to MLB for such an issue. MLB documents state that player drug issues were subject to investigation and disciplinary follow-up by the office of the MLB commissioner.
While Angels officials testified they never saw Kay take illicit drugs, former clubhouse attendant Kris Constanti testified that Kay told him he was taking Norco. Another ex-clubhouse attendant, Vince Willet, testified he saw Kay crush and then snort a pill in the Angels’ clubhouse kitchen during spring training.
Former clubhouse manager Keith Tarter testified that he suspected Kay was using drugs and that Kay told him in 2019 he was concerned because his supply of Suboxone, a drug to treat opioid dependence, was running out. Tarter said he never saw Kay actually use drugs.
Milhouse testified he didn’t learn about the true addictive nature of opioids until 2014 or 2015. He stopped prescribing them for Kay in 2013.
Camela Kay testified that after her ex-husband had a breakdown at Yankees Stadium the same year, he stated in front of Taylor and Mead he was taking five Vicodin a day. Taylor denied it, and Mead said he didn’t recall the conversation. Milhouse also said that during 2009-2013, he typically only prescribed opioids on a short-term basis and that he had put other patients on similar treatment regimens and quantities as Kay. Milhouse testified that he considered the use of opioids five times a day to be an addiction.
The trial continues in Orange County Superior Court this week, with the witness schedule including Skaggs’ widow, Carli, and mother, Debbie Hetman.
Two jurors have already been excused — leaving two alternates for the remainder of the case, which is slated to go to the jury in mid-December.
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