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Judge refuses to grant Dykstra restraining order

FILE - In this Jan. 4, 2008 file photo, former Major League Baseball player Lenny Dykstra poses for a portrait in New York. On Tuesday, Dec. 6, 2011, a judge declined to issue Dykstra a restraining order against a man operating his Twitter account, citing 'free speech issues.' FILE - In this Jan. 4, 2008 file photo, former Major League Baseball player Lenny Dykstra poses for a portrait in New York. On Tuesday, Dec. 6, 2011, a judge declined to issue Dykstra a restraining order against a man operating his Twitter account, citing "free speech issues." (AP Photo/Frank Franklin II, File)
By Anthony McCartney
AP Entertainment Writer / December 6, 2011
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LOS ANGELES—Lenny Dykstra struck out in an attempt to get a restraining order against a man the former baseball player allowed to run his Twitter account and claims is now threatening his finances and freedom.

Dykstra's attorney sought a restraining order against Pennsylvania resident Daniel Herman, claiming the man has contacted federal prosecutors handling the ex-player's embezzlement case and told them he is a flight risk. Dykstra also claimed Herman has posted racist and demeaning messages on Twitter and has falsely represented himself as his business manager.

Dykstra claimed Herman has "threatened me physically and has been trying desperately to incite violence against me via posting of racist and malicious Twitter messages to 8,400-plus followers," court filings show.

Superior Court Judge Carol Boas Goodson rejected the request for an order, stating there are "freedom of speech issues." In a handwritten ruling, she stated, "You allowed him to manage your Twitter (account). Close it down or clarify any false statements."

Dykstra spent 12 years in the big leagues, earning the nickname "Nails" for his tough play and helping the Mets to the World Series championship in 1986. He was a three-time All-Star in the 1990s with the Phillies.

Goodson also noted that she couldn't stop Herman from contacting federal prosecutors or any other public agency.

Dykstra's complaints are "primarily a business dispute" and should be handled with a civil lawsuit, the judge wrote.

Herman could not be reached for comment.

Dykstra is currently on bail in a fraud case in which he is charged with selling or destroying items that were under the jurisdiction of a bankruptcy court.

His filing states Herman attempted to sign a documentary deal on Dykstra's behalf and told a Philadelphia radio station that the former player is guilty and that he had "Free Nails" T-shirts signed by Charlie Sheen to sell. "None of these statements were true."

Dykstra, who has pleaded not guilty, faces up to five years in prison if convicted in the fraud case.

Dykstra, who bought a mansion once owned by hockey star Wayne Gretzky, filed for bankruptcy two years ago, claiming he owed more than $31 million and had only $50,000 in assets. Federal prosecutors said that after filing, Dykstra hid, sold or destroyed more than $400,000 worth of items from the $18.5 million mansion without permission of a bankruptcy trustee.

His restraining order request also sought protection for his ex-wife and three sons.

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Follow Anthony McCartney at http://twitter.com/mccartneyAP.

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