The Wall Street Journal on May 7, 2012 released the following:
WASHINGTON — Federal agent Jeff Novitzky returns for a third day of testimony Monday in the Roger Clemens perjury trial, while behind the scenes Clemens’ lawyers sought to strike the testimony of former teammate Andy Pettitte.
Last week, Pettitte testified that Clemens told him he had tried human growth hormone, only to say under cross-examination that he might have misunderstood Clemens. As expected, Clemens’ lawyers filed a motion asking that the jury not be allowed to consider the conversation between the two pitchers.
Pettitte said that it was “fair” to say that there was a 50 percent chance he misunderstood Clemens, his friend and one-time mentor.
“The court should not allow the jury to consider an alleged ‘admission’ that has all the weight of a coin flip,” Clemens’ lawyers wrote in a filing Monday morning, before the resumption of the trial.
Clemens is accused of lying to Congress in 2008 when he denied using HGH and steroids.
Meanwhile, the government will conclude its re-direct questioning of Novitzky, an agent with the Food and Drug Administration. He has already been questioned by the government and cross-examined by Clemens’ lawyer.
Last week, Novitzky described the physical evidence he had collected from Clemens’ former strength coach, Brian McNamee. Prosecutors will try to prove the evidence shows the former baseball pitcher used steroids and human growth hormone.
Clemens’ lawyers have said they will contend that the evidence has been tainted and contaminated.
McNamee is expected to testify later this week, perhaps as early as Tuesday.
Prosecutors got off to a rough start Monday, when U.S. District Judge Reggie Walton told them they could not play a clip of a 2008 Clemens’ “60 Minutes” interview for the jury. In the clip, Clemens says he was advised by counsel not to talk to former Sen. George Mitchell, who was investigating performance-enhancing drugs in baseball and would identify Clemens as a user in his report to Major League Baseball.
After the interview aired, Clemens testified to Congress that he didn’t know that Mitchell wanted to talk to him. Prosecutors wanted to show the “60 Minutes” clip in an attempt to show Clemens was obstructing Congress, arguing the two statements were contradictory. But Walton said the clip could not be played without interfering with the attorney-client privilege. He also said it was possible Clemens was told generally by lawyers not to talk to Mitchell, without actually informing the pitcher that Mitchell wanted to talk to him.”
Douglas McNabb – McNabb Associates, P.C.’s
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