Jury deliberates in coach’s case

Marisa O’Neil

A jury in Superior Court Judge Robert Gallivan’s courtroom is

expected to decide today whether Newport Coast physician Marc

Martinez maliciously prosecuted and defamed John Emme in his two

lawsuits against the Corona del Mar High School baseball coach. In

the suits, which were both dismissed, Martinez accused Emme of

ruining his son’s chances of playing college baseball.

Emme’s countersuit alleges that Martinez’s lawsuits and subsequent

interviews the parent gave to national media -- most of which also

spoke with Emme -- damaged his reputation and career.

“John Emme wants to see this through, for his own name and for the

situation between parents and coaches everywhere,” Emme’s attorney,

Richard Fahrney, said during his closing arguments on Wednesday.

If the jury rules in Emme’s favor, they must decide the monetary

damages Martinez should pay to him.

Fahrney said that Emme has maxed out his earning potential in his

current job and would have to coach at the college level to advance

in his carer. The lawsuits and nationwide media attention that

followed damaged his chances of getting another job, Fahrney argued.

Martinez’s attorney, Manuel Dominguez, disputed that claim.

“The media have perhaps helped, not hurt,” he said. “[Emme] has

gotten a lot of publicity out of this.”

The dispute began in 2001 when Martinez pulled his son J.D. from

the baseball team in his senior year because, Martinez said, Emme was

damaging J.D.’s arm by forcing him to throw too many pitches.

“I told him he had to worry about kids’ arms more than winning

games,” Martinez testified Wednesday. Martinez later filed two

lawsuits against Emme.

The suits alleged the coach hurt J.D.’s college chances by making

derogatory comments to college recruiters and damaged J.D.’s arm by

making him throw too many pitches.

The Daily Pilot, which reported the first lawsuit in 2001, was

named in the second suit. Martinez then referred to the article as a

“crucifixion,” he said Wednesday.

Both lawsuits were ultimately dismissed and an investigation by

the Newport-Mesa Unified School District cleared Emme of wrongdoing.

J.D. took a year off school before enrolling at the University of

San Diego. He did not testify in court, but in a deposition stated

that he had not tried out for the baseball team there.

Though bad blood between parents and coaches isn’t unusual, this

case is unique, Dominguez said.

“In a typical parent case, a parent wants his kid to pitch more,”

he said. “This is the opposite.”

The jury will resume deliberations this morning.

* MARISA O’NEIL covers public safety and courts. She may be

reached at (714) 966-4618 or by e-mail at marisa.oneil@

latimes.com.