Baseball Makes Case for Neutral Site in Rose Suit : Lawyers for Giamatti Attempt to Avoid Home-Field Disadvantage in Cincinnati

Citing potential hometown influences in support of Pete Rose, attorneys for baseball Commissioner Bart Giamatti urged a federal judge in Columbus, Ohio, Wednesday to retain control of the lawsuit against Giamatti and deny Rose’s request to have it returned to a state court in Cincinnati.

“If ever it were appropriate to remove a case to the federal court to avoid such local pressures, this is the case,” said a memorandum filed on the commissioner’s behalf in U.S. District Court.

“This court has jurisdiction to hear this matter, and fairness requires that it exercise that authority.”

John D. Holschuh, judge of the U.S. District Court in Columbus, had given Giamatti until Wednesday to file arguments as to why the case should be heard in a federal court. Attorneys for Rose have until Monday to reply to the commissioner’s memorandum.

Holschuh will decide whether the federal or state court has jurisdiction, with the losing side almost certain to appeal.

Rose is seeking to prevent Giamatti from conducting a hearing that could result in his lifetime suspension if it is determined that he bet on his Cincinnati Reds.

The hearing was originally scheduled June 26, but on June 25 Rose received a temporary restraining order against Giamatti from Judge Norbert A. Nadel of the Hamilton County Common Pleas Court. Nadel supported Rose’s contention that Giamatti prejudged baseball’s case against Rose for alleged gambling.

Nadel was scheduled to hear Rose’s bid for a preliminary injunction against Giamatti July 6, but on July 3 the U.S. District Court in Cincinnati, responding to a motion by Giamatti’s attorneys, assigned the case to Holschuh in Columbus and wrote:

“Plaintiff is not just another litigant. He is instead a baseball figure of national reputation closely identified with the Cincinnati Reds and the city of Cincinnati. Under such circumstances, it would appear advisable that it be transferred to a city of the southern district of Ohio other than Cincinnati.”

Rose, in turn, filed a motion with Holschuh asking that the case be returned to state court, prompting Holschuh to set the July 12 and July 17 deadlines for receiving arguments and extending Rose’s protection against suspension or firing as Red manager until he makes a decision.

Giamatti wants the case heard in federal court for two reasons:

--The federal courts have always upheld the commissioner’s authority.

--A state judge in Rose’s hometown of Cincinnati, facing reelection as Nadel is, could be influenced to make a parochial decision. Federal judges are appointed.

“Because of the extraordinary renown of the plaintiff in Cincinnati, and the daunting publicity this matter has received, the case was transferred to this court sitting in another city in order to assure a fairer environment,” baseball said in its 110-page response to Rose’s motion Wednesday.

“It appears that the judges (of the federal court in Cincinnati) believed that even federal judges with lifetime appointments would be subject to such severe local prejudice that transfer was warranted. Plainly, this same local prejudice must weigh much more heavily on a state court judge who must be elected and re-elected by the citizens of the locality,” the filing, written on Giamatti’s behalf by attorney John C. Elam of Columbus, said.

“It now appears, however, that plaintiff is unwilling to accept the jurisdiction of any court other than one which is most subject to the influence of local pressures produced by his fame, notoriety and close identification with the city of Cincinnati,” Elam wrote.

The filing acknowledged that the complaint technically did not appear to involve a federal question, but said the relief sought by Rose would interfere with the commissioner’s regulatory authority over the game of baseball.

“Thus, this case raises issues that courts have recognized to be of a substantial federal nature. Courts have noted that the existence of such an issue should be considered in determining whether remand of the case to state court is appropriate,” the memo said.

It also described gambling as the capital crime of baseball, affecting the game’s integrity.

“To police this potentially devastating crime, baseball long ago established an independent, autonomous authority--the commissioner of baseball--with sweeping and exclusive powers to investigate allegations of gambling and to take appropriate remedial and punitive action,” it said.

“The ultimate issue in this case is the commissioner’s ability to protect and maintain the integrity of the game.”