Judge Blocks Rose Hearing; Giamatti Scolded for Letter

A state judge, ruling that baseball Commissioner Bart Giamatti “prejudged” evidence that Pete Rose allegedly bet on baseball games, has blocked a hearing today at which Giamatti could have banned Rose from baseball for life.

Judge Norbert A. Nadel of the Hamilton County Commons Pleas Court issued a 14-day temporary restraining order Sunday barring Giamatti from ruling on the evidence, and ordered that no action be taken against Rose during that time. Rose’s lawyers will return to Nadel’s court July 6 to seek a temporary injunction to indefinitely remove baseball’s involvement in the Rose affair. Both Rose and Giamatti could appear as witnesses at that hearing.

“It appears to this court at this point that the commissioner of baseball has prejudged Peter Edward Rose,” Nadel said in scolding tones to a crowded courtroom Sunday. “We further find that the hearing set for tomorrow (today) in New York would be futile and illusory and the outcome a foregone conclusion.”

Nadel emphasized the temporary nature of this unprecedented ruling and defended its ramifications.

“Any ruling here does not in any way forecast the future,” Nadel said. “As we all know, the courts are reluctant . . . to interfere in matters of this sort because of the possibility that the floodgates of litigation will be opened. However, this court will never let that factor deter it from doing what is right and fair.”

Nadel also said that this ruling does not exonerate Rose from charges that he bet on baseball game: “The issue was not whether Rose did or did not bet baseball. The issue is fairness, impartiality and equity.”

Said Rose, who watched the ruling on television in his Riverfront Stadium office: “I doubted . . . there was so much hearsay . . . I don’t know what the odds were, a 50-50 chance?” Rose was speaking on his pregame broadcast, “Reds Report,” on a local radio station.

“We’re just very happy,” he said. “Baseball has given me everything I have, everything I will have . . . but baseball has got to be fair.

“Once everything is said and done, people will understand what happened.”

From his New York office, Giamatti issued this statement: “I regret the judge’s decision. I have absolutely no prejudgment or prejudice regarding Pete Rose. We will contest this matter tooth and nail.”

Said baseball’s chief counsel, Louis Hoynes, as he rushed from the courtroom:

“The ruling is a problem, it’s a serious mistake for baseball. The judge made an erroneous ruling.”

Nadel said the key to his decision was a letter drafted by baseball special investigator John Dowd and signed by Giamatti on behalf of Ron Peters, Rose’s chief accuser. Peters’ testimony appears throughout a 225-page report complied by Dowd that indicates Rose bet heavily on baseball games, including Red games.

The letter, dated April 18, 1989, was sent to Judge Carl B. Rubin of the Southern District of Ohio, where Peters was about to be sentenced on charges of cocaine trafficking and tax evasion.

“It is my purpose to bring to your attention the significant and truthful cooperation Mr. Peters has provided to my special counsel,” the letter read. “I am satisfied Mr. Peters has been candid, forthright and truthful with my special counsel.”

The letter so disturbed Rubin that he excused himself from Peters’ sentencing. The letter also apparently disturbed Nadel.

“Pete Rose claimed that the commissioner is not an impartial and unbiased observer . . . and the strongest evidence is this letter,” Nadel ruled.

In closing arguments Friday, Hoynes accused Rose’s lawyers of placing too much emphasis on the importance of the letter.

“That letter is a red herring,” Hoynes said. “But if all you have is a red herring, you’ve got to make the most of it. The letter is a desperate effort to avoid facing the merits on this issue.”

Rose, speaking on his radio show, said that baseball’s lawyers were confused.

“I think people were misled by Dowd, who was talking about witnesses who said I bet on baseball, who had phone records and all that,” Rose said. “That issue wasn’t on trial. We were trying to prove to the judge that Giamatti had already made up his mind and prejudged me.”

Rose said the letter to Rubin proved that point.

“The way (Giamatti) worded that letter, he obviously believed my accusers, convicted felons, and that just wasn’t right,” Rose said.

About the only thing that made Rose happier than the 14-day restraining order was the ruling that he could not be fired or suspended during that time.

“We appreciated that,” Rose said. “We heard that they were going to suspend me, we heard I might get fired; then they come out and said that I would be manager of the Cincinnati Reds for at least the next 14 days. I’m happy about that.”

Rose promised more excitement at the July 6 hearing. “We have a lot of stuff to get off our minds,” Rose said. “You didn’t read the report; I did, and I didn’t know I could be that bad of a guy. It was 225 pages and almost all negative of Pete Rose.”

At the end of Rose’s interview, Red announcer Marty Brennaman said, “So, you’ve won Round One.”

Rose laughed and said, “How many rounds is this fight?”