Field of Schemes

Baseball, on and off the field, occupies Red Sox Nation, never more so as pitchers and catchers prepare to report to spring training on Thursday. Meanwhile, the uproar over Boston's "ballgate" continues. Who has rightful ownership of the World Series-winning ball - lofted by pitcher Keith Foulke into Doug Mientkiewicz's mitt for the final out? Bill Nowlin, author of many books on the Red Sox, argues that Mientkiewicz, who kept the ball, is the rightful owner. Avid Sox fan and Harvard law professor Alan Dershowitz begs to differ. Even though Mientkiewicz, recently traded to the Mets, has promised to loan the ball to the Red Sox for a year, the ownership issue is still very much in play.

NOWLIN There seems to be custom and precedent behind Mientkiewicz taking the ball. There's a century-long tradition of players taking certain artifacts almost without challenge, and in this case, I gather that Major League Baseball seemed to say afterward he could take the ball. He did nothing that any of us wouldn't do. Whether players can just walk off with different pieces of equipment, that's another question. It was fortuitous to him that he was on first base.

DERSHOWITZ Of all the people on this incredible team that gave us all so much joy, Mientkiewicz seems to be the least deserving. He didn't play a central role in getting us into the World Series or winning the World Series. He was put in as a defensive first baseman. I'm glad he was there instead of Bill Buckner, but you don't want to encourage the pitcher - the next time this happens - to say, "Wait a minute, I'm not throwing it to you," and to run over and come in a second late, and the game turns out differently.

NOWLIN Foulke probably deserved it more for his role. So did many other players as well. But Mientkiewicz does have custody of the ball, and there's some precedent for him benefiting from that. I don't think anybody likes the idea, and I'm sure he's a little uncomfortable with the idea of cashing in big time on something like this. There might be a moral right for the public to own it, but I'm not sure the Red Sox themselves have a right to own it or MLB.

DERSHOWITZ I think the fair resolution is for the fans to decide who keeps the ball. I'm not for MLB getting it. I don't think this is a Hall of Fame ball. This is a Red Sox ball, meaning it should go on exhibit somewhere, but it should not become an item of commerce. What I worry about is if Mientkiewicz puts it on eBay, it becomes an item of commerce, and some rich guy gets it and keeps it in his house. The interesting thing is the ball is actually worth slightly less because Mientkiewicz caught it. Had it been a ball that Foulke or Schilling had or that one of the great hitters had, it would actually be worth more. There's no direct association in the mind of fans between the Red Sox and Mientkiewicz.

NOWLIN When you look at other balls, the McGwire ball, when he hit his 70th home run, sold for $3 million. When Bonds hit his 73d home run ball, it went for a fraction of the price. Breaking Babe Ruth's record was not the same thing as having the all-time home run record. If the Red Sox should win the World Series again this year, the ball would suddenly drop in value dramatically. But it's still the only one that ended an 86-year drought.

DERSHOWITZ I think that's the one thing we both agree on. That the Red Sox should continue to win, diminishing the value of this ball year by year. There is a resolution here. The resolution is that Mientkiewicz donates the ball back to the Red Sox and declares a huge tax deduction for making a charitable contribution.

NOWLIN Or he could give it to a nonprofit organization, like the Red Sox Foundation.

DERSHOWITZ Or the Jimmy Fund. Let them sell it. He gets the tax deduction, and the Jimmy Fund would hopefully sell it to the Red Sox. To me, this Red Sox victory was so quintessentially a team victory. It was not only a team victory, but a fan victory and a management victory. I'd like to see the ball represent the people who played a major role in bringing this great victory to Boston, and that's almost anyone but Mientkiewicz.

NOWLIN Because of this issue, we might see a change. I wouldn't be surprised if before the season begins, MLB and each club say, "Any baseball or item of significance that belongs to our club or belongs to MLB remains on our property." Not to the fans, but to the players. When Ted Williams hit his 521st home run on his last at-bat, it was hit into the Red Sox bullpen. It stayed in the field, and one of the guys in the bullpen caught it and gave it back to Williams 20 years later. But where is it now? I think it actually got stolen from Ted's house.

DERSHOWITZ In the old days, you were holding on to the ball for sentimental reasons. Like everything else in baseball, it's become so commercialized.