PARTIAL TEXT OF NADEL’S RULING

A partial text of Hamilton County Common Pleas Judge Norbert A. Nadel’s ruling Sunday in granting a temporary restraining order to Pete Rose, who was scheduled to appear today in New York for a hearing before baseball Commissioner Bart Giamatti:

It should be pointed out that we are here at a very initial stage of the case, and as we all know during the two days of evidence, we heard a lot of opinion, we heard a lot of hearsay testimony and all of which I might add is proper at this early point. However, we did not hear from two of the key parties; that is, Peter Edward Rose and the commissioner of baseball, A. Bartlett Giamatti.

I would like also to point out that the central issue at this time is not whether Peter Edward Rose did or did not bet on baseball. But rather we are here today deciding issues involving fairness, impartiality and equity.

I also would like to point out that any ruling that we make here today with reference to a temporary restraining order does not in any way forecast what might happen at any future hearing or proceeding before this court.

In order for this court to issue a temporary restraining order, several determinations must be made, and we’ll start out, we’ll begin here, by making the determination on the least difficult issues.

No. 1, if there is a hearing before the commissioner of baseball tomorrow, it is this court’s judgment that the career of Peter Edward Rose will be irreparably harmed.

Secondly, if we grant a delay here today of 14 days, neither major league baseball nor the public will be harmed.

Thirdly, we must decide if we should even be here today; that is, should this court be sticking its nose into the affairs of major league baseball. As we all know, counsel for all the parties very well know, 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.

And we now reach the most crucial and most difficult issue for this court to decide and I might add this issue involved the closest call for this court . . .

That is, if Peter Edward Rose established his claim for purposes of these proceedings that the commissioner of baseball is not an impartial and unbiased decision maker in baseball’s proceedings against Mr. Rose. On this point, the strongest evidence for Peter Edward Rose is this letter, Exhibit G, and this is the letter that was written by the commissioner of baseball to (U.S. District) Judge Carl Rubin (in Cincinnati) on behalf of Ron Peters, and Ron Peters is Peter Edward Rose’s chief accuser.

I will now read the pertinent parts of this letter . . .

And, the Commissioner of Baseball to Judge Rubin says as follows:

“It is my purpose to bring to your attention the significant and truthful cooperation Mr. Peters has provided to my special counsel for his conducting the investigation into allegations concerning the conduct and activities of Pete Rose, the manager of the Cincinnati Reds baseball club.”

The commissioner of baseball goes on to say to Judge Rubin, “I am satisfied Mr. Peters has been candid, forthright and truthful with my special counsel.”

It therefore appears to this court at this point that the commissioner of baseball has prejudged Peter Edward Rose.

We further find that the hearing set tomorrow in New York before the commissioner of baseball would be futile and illusory and the outcome a foregone conclusion.

Accordingly, I here today grant Peter Edward Rose’s motion for a temporary restraining order. The action I have taken here today has the following ramifications during the term of the temporary order, which is 14 days.

No. 1, Peter Edward Rose will not have a hearing tomorrow before the commissioner of baseball.

No. 2, no disciplinary action of any type may be taken against Mr. Rose for 14 days.

No. 3, Mr. Rose will remain as the manager of the Cincinnati Reds and in their employment for the next 14 days.

In addition, the court hereby accepts this matter for hearing on client’s request for a preliminary injunction on July 6, 1989, at 10 a.m.

GIAMATTI’S LETTER

Text of the letter that baseball commissioner Bart Giamatti sent to U.S. District Judge Carl Rubin on April 18, 1989, regarding Ron Peters, the chief accuser in the case against Pete Rose: Judge Rubin:

I am advised that Ron Peters will appear before you shortly in the above-entitled case to enter a plea of guilty to two felonies and to receive his sentence.

It is my purpose to bring to your attention the significant and truthful cooperation Mr. Peters has provided to my special counsel who is conducting the investigation into allegations concerning the conduct and activities of Pete Rose, the manager of the Cincinnati Reds baseball club.

Mr. Peters has been readily available at all times to my special counsel and has provided critical sworn testimony about Mr. Rose and his associates. In addition, Mr. Peters has provided probative documentary evidence to support his testimony and the testimony of others. Based upon other information in our possession, I am satisfied Mr. Peters has been candid, forthright and truthful with my special counsel.

In view of the confidential nature of my inquiry, I would respectfully request this letter to remain under the Court’s seal until the completion of my inquiry.

Thank you for your consideration of this letter on behalf of Mr. Peters.

Sincerely,A. Bartlett Giamatti