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Carlos Marmol bummedYesterday, there was supposed to be a hearing in the Dominican Republic on the sexual assault claims against Carlos Marmol, which Marmol was going to attend, and which was potentially going to dispose of a case in which the local authorities found no cause to pursue criminal charges. Marmol had also filed a countersuit alleging blackmail and extorsion.

But that hearing didn’t really happen, and, instead, it appears that the case is being kicked upstairs to a higher, appellate court for some kind of decision. It’s tough to glean from the Spanish-language reports from the DR (examples here and here, in case anyone wants to offer a better translation than Google Translate), in part because the legal system is different there, but it seems like some of the preliminary issues in the case are being appealed to a higher court, and the ultimate decision in Marmol’s case is being held up by those issue appeals. Caveat: that’s coming from someone who doesn’t speak Spanish, hasn’t practiced law in a couple years, and has never practiced law outside of the United States.

The reports don’t mention a time line for the higher court to hear the case/the issues, so it’s unclear when this will be resolved. It still looks like it isn’t a criminal matter, however, and Marmol’s agent told the Tribune that Marmol fully expects to be on his Sunday flight bound for Phoenix.

So long as his arrival to Spring Training isn’t delayed, I don’t really see any significant risk here to Marmol’s performance in 2013, or, let’s be honest, his trade value. If it is akin to a civil matter, even if Marmol loses his case – and, so far, every statement from the Cubs, from Marmol’s attorney, from Marmol’s agent, and from folks in the community, seem to indicate this is not a legitimate claim – it seems unlikely he would have to leave the United States immediately. Theo Epstein said earlier this week that he expects Marmol will ultimately be cleared of any wrongdoing.

We’ll keep a close eye on this – and especially on whether Marmol arrives on time tomorrow – but I remain cautiously optimistic that this will be resolved without a negative impact to the Cubs. It’s possible it will be resolved quietly and privately before too much more of the case proceeds forward.

If Marmol does arrive on time tomorrow, we’ll soon learn a whole lot more about the case, including the current procedural timeline.

  • Marc N.

    Don’t have anything to say on the Marmol situation at all. We’ll see where it ends up.

    Did find this interesting bit from a FanGrahps chat:

    Question: Not counting Taveras, which NL hitting prospect has the highest ceiling in the minors?

    JD Sussman: For me, look at the Cubs. Soler, Baez or Almora. Personally, I LOVE Soler, but I won’t fault you with any of the three.

    YEP.

  • MightyBear

    Brett,

    Just finished the podcast and I think this was the best one ever. Jason was terrific and you guys definitely seem more at ease and more fluid. Great work. Keep it up please.

    Sahadev gave probably the best advice ever given on any podcast anywhere which was “Never listen to MichiganGoat.” Thank you o’ wise sage.

    • MichiganGoat

      Yeah I WILL GET MY REDEMPTION – someone isn’t going to get to try Short’s Huma Lupa Licious when I come to Chicago ;)

  • Toby

    You all missed the oldest (I believe) double IPA festival in the US this weekend in the SF bay area. About 80 Double and triple IPAs available. West coast IPAs are the best – American style IPAs were invented out here.
    http://beeradvocate.com/events/info/59193

    • AB

      American-style IPA’s?? is that like NFL Europe??

      I like American-style Pale Ales, Teton Sweetgrass is my favorite.

      • Toby

        Someday, you need a Pliny the Elder (or Younger)

    • MichiganGoat

      I know I just couldn’t afford a trip out West.

  • Die hard

    Royals will need reliever if Sherill gamble fails

  • 5412

    Hi,

    Marmol is a professional athlete. He has a limited get out of jail free card. Look under Lewis, first name Ray…..

    You really have to screw up big time as a player to get nailed. Once you retired it is generally a much different story. See Dykstra, Len

    regards,
    5412

  • DPRagen

    Marmol and Don Elston have to be the two worst relief pitchers in club history!

    • Kygavin

      Hope that isnt serious… Dude has a 3.38 ERA, 115 SV and a 11.7 K/9 for his career

      • Tobias

        I guess you don’t remember Dave Smith, 10 fingers Alfonseca, Mel Rojas among others.

  • Christian

    The Carlos Marmol report does not say anything about timeline or reason why it was sent to a higher court. It really does not say anything other than that it is going to be seen at a higher court. I am fluent in Spanish, so you pretty much got everything right Brett.

  • jimswarthou

    Theo loves those Latin lovers

    Theo quick hook hates 97mph, unless they are Latin Lovers, Castro got away with
    being a paying Latin lover, sign more Cubans, and take more dog and beer overinflated
    price revenues and build another academy………..latin lover required

  • JoyceDaddy

    I’d still take Marmol any day of the week over Kevin Gregg or Alfonsucka.

  • DPRagen

    Kygavin

    A relief pitcher who can’t throw his fastball for a strike> Are you serious?

  • farmerjon

    PITCHERS AND CATCHERS REPORT!!!

  • Carlos

    Mr Brett , Carlos Marmol case is worst than you thing
    Here in DR when you reach to the Supreme Court Level , you could face jail time , there is a high possibility Marmol faces 1-2 year in prison if he pleads guilty. All i can say is : Marmol will have to pay money to that woman or face jail time, those are the most common sentences here.
    Here Justice take serious domestic violence against women , so thats why you see this case going to the Supreme Court.

    Sorry for english

    Greetings from DR

    • http://www.bleachernation.com Brett

      Thanks for that. What I continue to not understand: how can there be criminal penalties when no criminal charges have been filed by the state/city/whatever? I’m sure DR law and system are different, but that’s difficult to understand.

      • Die hard

        In their system when the facts are undisputed and all that remains is a question of law then the higher cts assume jurisdiction of the case

      • DarthHater

        In European-style legal systems (which I assume is what DR has), the criminal prosecution function and the judicial function are not separated in the way they are in the US legal system.

        Here, if the prosecutor decides the evidence is insufficient to bring criminal charges against someone, his/her decision is essentially final – that is, there is no way to appeal to a court from an exercise of prosecutorial discretion by a prosecutor who is an official of the executive branch.

        I think what’s probably going on in the Marmol situation is that the prosecutor is considered a judicial official and his determination that there is insufficient basis for a criminal charge to go forward is considered an appealable legal decision. So, I am guessing that, if the appeal is successful, the prosecutor’s decision could be overruled and a criminal charge against Marmol could be reinstated.

        But I doubt that any question of Marmol’s guilt or possible punishment is currently before the appellate court in any way. That is, if the current appeal is successful, I suspect the case would be remanded to a lower court for a criminal prosecution to go forward. I don’t know enough about the DR system to be sure, but something like that seems like the most sensible possibility.

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