McLain Convicted, Faces a Sentence Up to 75 Years

TAMPA, Fla. —  A jury, after deliberating more than three days, convicted former baseball pitcher Denny McLain Saturday of racketeering, extortion, conspiracy and cocaine possession.

The nine-woman, three-man panel, which listened to 350 hours of testimony, found baseball’s last 30-game winner innocent on one count of conspiracy to smuggle cocaine.

Co-defendants Seymour Sher and Frank Cocchiaro were convicted of racketeering, conspiracy and extortion, while a third co-defendant, Joe Rodriguez, was found innocent on a charge of conspiracy to smuggle cocaine.

McLain faces a maximum penalty of 75 years in prison and fines totaling $75,000. Sher and Cocchiaro each face a maximum term of 60 years in prison and fines of $60,000, said Asst. U.S. Atty. Ernst Mueller, the prosecutor in the case.

McLain, who maintained his innocence through the four-month trial, was “devastated” by the verdict, said his attorney, Arnold Levine. “He’s just shocked. He’s concerned about his children and his wife,” Levine said.

McLain, 41, and Sher were taken into custody pending a hearing this morning before presiding U.S. District Judge Elizabeth Kovachevich. The hearing is to determine whether they can remain free on bond until sentencing April 19.

Between 1978 and 1983, the government claimed, McLain was part of a loan-shark operation that charged interest rates of 130%, used threats to collect, and booked high-stakes bets on professional and college football and basketball games.

The former pitcher also was accused of possessing 13 kilos of cocaine and plotting to smuggle 400 kilos of cocaine from Colombia.

During two days on the stand, the three-time American League All-Star admitted being a bookie and told of a high roller who made him nervous betting $10,000 on a basketball game. He spoke of “laying off” bets with Sher and of collecting gambling debts.

He denied drug dealing but acknowledged being present while deals were planned. He also said he was innocent of racketeering conspiracy, loan-sharking and extortion.

He told the jury about a longtime gambling habit that cost him as much as $5,000 a bet and of a suspension from baseball in 1970 as his once-soaring major league career collapsed.

McLain went from the mound into bankruptcy court. He tried his hand at playing the piano in a nightclub act, radio and TV announcing, even part ownership in a minor league club before coming to Florida and getting involved in real estate and mortgages.

McLain, a two-time Cy Young Award winner with the Detroit Tigers, had his best season in 1968, when he became the first pitcher since Dizzy Dean to win 30 games in one season. He was 31-6 that year, and Detroit won the World Series, beating St. Louis. In 1973, McLain retired from baseball with a 10-season won-lost record of 131-91.

Authorities said McLain managed Tampa Equities, an affiliate of First Fidelity Financial Services Inc., of Hollywood, Fla., a mortgage-lending firm. Sher was his contact there, and Cocchiaro was the financier or boss, according to the prosecutor.

After First Fidelity went out of business in 1982, the government charged that McLain, desperate for money, got involved in cocaine deals and schemed with Rodriguez in an unsuccessful attempt to import 400 kilos of cocaine from Colombia.

During the lengthy trial, Sebring disco owner Alton Sparks testified that he got a $40,000 cash loan through McLain in 1981 and had to pay interest of $1,000 a week. After paying $8,000 in two months--all interest--Sparks fell on hard times, he said. He was warned he’d be “put to sleep” or have his ears cut off if he didn’t pay, and eventually he wound up losing his car, his house and his business, he told the court.

John Higgins had a similar story. He borrowed $30,000 at $900-a-week interest, he said, and wound up signing over his house after resisting a suggestion by McLain to sell dope when he came up short. He said McLain threatened him, warning that no one was safe in Higgins’ family if Higgins didn’t meet payments.

Six others were charged with McLain in a 22-page indictment returned one year ago. Before trial, co-defendants Barry Nelson, Mel Kaplan and Larry Knott struck deals with the government, pleaded guilty and agreed to cooperate.

Levine painted a picture of McLain as a “victim” of people he described as “liars, crooks, convicts and thieves” who struck deals for immunity.

“They had a purpose in testifying against Denny McLain so they could be walking the streets in exchange for their testimony,” Levine said.

But Mueller insisted that McLain convicted himself by his own words.

It was the second trial for McLain. The first ended in a mistrial eight days after testimony began in October.