More Baker - Globe

[Eggcentric@xxxxxxx]

Nearly down for count

Unless he returns tonight, Celtics control Baker's fate
By Peter May, Globe Staff, 2/12/2004

The 11th-hour appeals are in. Vin Baker's personal adviser and attorney says 
his client is fit, fine, and ready to play. Baker's player representative has 
said the same thing.

But the only voice that matters now -- that of the medical doctor overseeing 
Baker's aftercare -- has been silent. And unless Dr. Lloyd Baccus notifies 
the Celtics today that Baker is fit to play, the power forward will miss his 
10th straight game in his indefinite suspension tonight against the Bulls in 
Chicago.

And if that happens, Baccus's voice no longer is the Only One That Matters.

The fate of Baker and the $30-something million that he's owed in the next 
two-plus seasons now lies in the hands of the Celtics. The team has said 
nothing of its plans, but you can be sure ownership will act swiftly to bring 
resolution and closure to this incredibly sad situation.

It doesn't look too promising for Baker, who has appeared in 37 games 
this season -- and only two since Jan. 5. His latest suspension -- which 
had no time limit -- came prior to the Jan. 23 game against Washington. 
He could have returned at any time with the approval of Dr. Baccus. But 
once the suspension reaches 10 games, Baker's fate goes from Dr. Baccus 
to the Celtics.

Knowing full well what the stakes are -- one of them is outright 
termination of the contract -- Baker's adviser and lawyer, Steve 
Singleteary, came out in full force yesterday. He said Baker was "ready, 
willing, and able to return to the Celtics immediately . . . He has done 
everything that needs to be done. He is ready to return. He expects to be 
allowed to return immediately."
Singleteary added that Baker has been "totally immersed and focused on 
fulfilling all the obligations of his aftercare program."

Baker's old/new agent, Aaron Goodwin, did not return a phone message 
yesterday. But he has consistently maintained for more than a week that 
Baker is ready to return. Goodwin said he had witnessed Baker's workouts 
and has hoped for the same thing that Singleteary called for: an immediate 
return.

But their opinions don't matter. If Baker is not activated for tonight's 
game, 
the Celtics have a number of options, including continuing the suspension. 
(Baker is not being paid while suspended, so that is one possible course of 
action.) But with so much money at stake, you have to think that the Celtics' 
owners will want a resolution as soon as possible.
Here are some possibilities:

Termination of the contract: This is the most punitive action, yet it's also 
the one that the Celtics have to be strongly considering. They were the ones 
who forced Baker to confront his alcoholism and get help. The aftercare
 agreement provided some wiggle room, all of which Baker has used up. 
The team has a medical baseline from which to work, not to mention the 
opinion of Dr. Baccus. One of the ways to terminate a contract is if the
 player is unfit to perform. Baker is clearly that, right now, in the view 
of the only man who counts -- Baccus. If the contract is terminated, all 
of the money comes off the Celtics' payroll. While that would not put them 
in a position to romance the big free agents, it would enormously help 
the bottom line and get them out of paying a luxury tax, should one be 
implemented after this season. But if the Celtics were to do this, they 
would face a battle with the players' association, which would file a
 grievance. Once that happens, all bets are off. Latrell Sprewell choked 
his coach and got money back. You place your faith in an arbitrator at 
your own peril.
 
A buyout: This might be the easiest way out for all concerned, although 
it will cost the Celtics when they might feel as if they've gone the extra 
mile and don't owe Baker another dime. But it would avoid the 
aforementioned arbitration process. As an example, let's say hypothetically 
that Baker agrees to be suspended for the rest of the season. Then, he is 
due $30.375 million. Suppose the two sides agree on a $10 million buyout, 
which means Baker walks away with $10 million and is free to do as he 
chooses. The Celtics get some cap relief; about $10 million a year for 
each of the next two years. But Baker is still on the books for around $5 
million a year for the next two years. The Trail Blazers did this with 
Shawn Kemp and the Nets recently did it with Dikembe Mutombo. But 
neither Portland nor New Jersey had any viable termination options 
available. The Celtics do.

There's a third possibility -- a retirement because of medical reasons. 
But that really doesn't apply here. This option is for someone such as 
Terrell Brandon, who can't play because he's hurt.

D-Day, the 10th game of the suspension, comes as everyone breaks for 
All-Star weekend in Los Angeles. This will be the second straight All-Star 
weekend where Baker's status has dominated the Celtics news. Last year, 
he was taken to the hospital prior to the break and then had a meeting with
the new owners after the break before joining the team in Seattle.

Two weeks later, he signed the agreement that now might mean not only 
the end of his stay in Boston, but also the forfeiture of millions.