Houston Chronicle on April 23, 2012 released the following:
“By Stewart M. Powell and Regina Garcia Cano
WASHINGTON – Federal prosecutors on Monday portrayed Roger Clemens as a man who tainted his legendary baseball success story with lies, deceit and betrayal, ending with a grand finale of dishonesty when he lied to the nation and Congress.
In a 65-minute opening statement to the jury of 10 women and six men, prosecutor Steve Durham said the retired multimillionaire pitcher wove a “tangled web of lies” to cover up his use of performance-enhancing drugs during a distinguished career.
And as much as Clemens angled to stay one step ahead of legal scrutiny over a 10-year-period, prosecutors contend, he was nevertheless indicted on six felony counts of lying to Congress in 2008.
Clemens had a choice between coming to Washington, D.C., and telling the truth to Congress “and admitting some mistakes along the way – or to lie,” Durham declared. “He made that choice to become entrapped in a web of his own making. He couldn’t get out of it, and that’s why we’re here.”
Clemens’ first trial on the charges ended in a mistrial last year, after prosecutors introduced banned evidence.
His lead defense lawyer, Rusty Hardin, elected to deliver his opening statement Tuesday. Defense lawyers have insisted the high-profile congressional hearing in 2008 was little more than a “show trial” designed to pit Clemens’ account against contradictory testimony by former strength coach Brian McNamee to set the stage for perjury charges against Clemens.
Clemens insists he never used steroids, never lied to Congress and did not impede any aspect of the congressional inquiry into Major League Baseball’s so-called “steroid era.”
His lawyers contend Congress had no legitimate legislative purpose for convening the high-profile inquiry launched by Rep. Henry Waxman, D-Calif., then chairman of the panel.
The prosecutor’s opening argument Monday afternoon followed rival lawyers’ jockeying over the scope of testimony by a variety of prospective witnesses, including pitcher Andy Pettitte and congressional staffer Philip Barnett.
U.S. District Judge Reggie Walton handed a victory to the defense team by excluding potential “guilt by association” testimony by Pettitte that he obtained human growth hormone from McNamee, the same strength coach who claims to have injected Clemens.
On the other hand, Walton ruled congressional staffer Phil Barnett, former chief of staff of the House Committee on Oversight and Government Reform, could testify about Congress’ purpose for convening the wide-ranging inquiry that ensnared Clemens.
Durham told jurors that Barnett would help establish that Congress was looking into the “role model effect” of professional athletes using anabolic steroids and not targeting Clemens.
Of the 16 jurors drawn from the District of Columbia during a four-day screening process, 10 are African-American and six are white. When questioned during jury screening, many said they hadn’t heard of Clemens.
Jury’s Houston ties
Two members of the panel have ties to Houston. A former Houston elementary schoolteacher who graduated from Texas Southern University with the late Rep. Mickey Leland, D-Houston, subsequently moved to Washington for a career in management. Another juror was a 1986 Rice University graduate who went on to attend Yale School of Management before serving as a senior U.S. Treasury official on risk assessment for institutions, exchanges and insurers.
Clemens’ wife, Debbie, sat in on the morning session but was ordered from the courtroom by Walton during opening arguments because she is expected to be a witness in the trial.”
Douglas McNabb – McNabb Associates, P.C.’s
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