An aggressive, all-out defense

June 6, 2012

ESPN on June 6, 2012 released the following:

“By Lester Munson

WASHINGTON — It would be easy for Roger Clemens and his legal team to poke a few holes in the evidence against him and then argue to the jury that federal prosecutors have failed to meet the Constitution’s requirement of proof “beyond a reasonable doubt.” If they managed to convince one or two jurors, they could hope for a deadlock in the jury’s deliberations and a mistrial and a technical victory.

That is not what they are doing. As they presented their 14th witness on Tuesday, they were in the middle of a massive effort that seeks nothing less than the total destruction of the government’s effort and a not-guilty-on-all-counts verdict that will vindicate Clemens and begin to restore his legacy as one of baseball’s greatest pitchers.

It’s a highly unusual strategy. There was enough doubt about the government’s evidence after the four-day cross-examination of the prosecutors’ star witness, Brian McNamee, that many defense lawyers would have concluded their efforts and relied on the jury to find the necessary “reasonable doubt.” McNamee confessed to numerous lies, mistakes and exaggerations, the kinds of admissions that most defense lawyers agree are enough to persuade one or more dubious jurors to hold out for a not guilty verdict.

But lead Clemens attorney Rusty Hardin’s cross-examination of McNamee was only the beginning, not the end, of the defense effort.

Relying on a high school teammate, retired ballplayers, expert witnesses, a housekeeper, two masseuses, a broadcaster, and even an FBI agent, Hardin is offering answers to every element of the government’s charges against Clemens. And there is more to come. Hardin says he’ll finish his presentation of as many as 21 witnesses on Friday, and when he is done, it promises be an impressive accumulation of evidence.

Here’s a look at how the Clemens lawyers have responded so far to the government’s charges that Clemens lied to Congress when he denied that he had ever used steroids or HGH.

At the center of the government’s case is a trove of syringes, cotton balls, vials, and ampoules that McNamee claims he used to inject Clemens with performance-enhancing drugs. McNamee gathered the physical evidence after injecting Clemens in August 2001, stored it in a beer can and a FedEx box in his house, and finally turned it in to the government in January 2008. The prosecutors used an FBI expert and a forensic scientist from a private lab to show that Clemens’ DNA was present on some of the materials.

On Tuesday afternoon, Bruce Goldberger, a Ph.D. forensic toxicologist who is the founder and director of a lab at the University of Florida, explained to the jury that the physical evidence did not meet the standards that apply to the collection and preservation of physical evidence.

Goldberger’s testimony came after a vigorous and extended argument from Asst. U.S. Attorney Daniel Butler, who insisted to U.S. District Judge Reggie Walton that Goldberger was not qualified to offer expertise on the collection of evidence and was qualified only to examine substances (blood, urine, drugs) in his laboratory. Clearly impressed with Goldberger and his knowledge of evidence collection, Walton allowed Hardin to present the expert to the jury.

Commingling the cotton balls, the syringes, and the other materials in what may have been a damp beer can, Goldberger said, leads to the possibility of “cross-contamination” and precludes the connection of any of the materials to anyone.

Speaking calmly and persuasively in what was the most powerful testimony in the entire trial, Goldberger told the jury that “the possibility of contamination leads to unreliable laboratory conclusions” and “there must be certainty beyond a reasonable doubt before we can make the scientific connection” between the material and an individual.

In the course of Goldberger’s testimony, the language of the trial was transformed with words like “manipulation” and “fabrication” and “garbage” suddenly being used in connection with materials the prosecutors had described as “medical waste.”

Goldberger told the jury that the material was doubly suspicious because it had been “collected and preserved by the accuser.” Hardin was soon referring to McNamee as the “accuser-collector.”

Butler’s cross-examination of Goldberger did not help as he quarreled with Goldberger about his qualifications and picked at him with questions about the “back story” of a piece of evidence. Butler succeeded only in allowing Hardin to come back with a question that prompted Goldberger to conclude that the physical evidence was the worst Goldberger had seen in 30 years of working with trial evidence.

On another central issue in the trial, Hardin has managed to suggest something that seemed totally unlikely ballplayers’ use injections of Vitamin B12 the way most of us use aspirin or Tylenol. Clemens, in what once seemed to be a weak response to allegations that he had been injected with steroids, claimed that the injections were B12.

Former pitcher Mike Boddicker told the jury that B12 injections were common during his 13 years in the big leagues and that he once walked into the Boston Red Sox training room and was surprised to see Clemens with his pants down being injected in the buttocks with B12. Boddicker, another charming and engaging witness for the defense, told the jury that he could see “B12” on the vial on the training table.

Like the other MLB players that Hardin and Clemens have presented, Boddicker seemed to capture the attention of the jury with his stories that he survived in the big leagues for 13 years with an 84-mph fastball and that he was once traded from the Baltimore Orioles to the Red Sox for Brady Anderson and Curt Schilling.

Prosecutor Steven Durham tried to cross-examine Boddicker by raising the well-known, unwritten law of an MLB clubhouse that what happens in the clubhouse stays in the clubhouse. It was supposed to show that Boddicker would skew his testimony to help Clemens. But, instead, it opened the door for Hardin to return with Boddicker’s report that Clemens would frequently leave the clubhouse in uniform to visit children in Boston hospitals and that he insisted that his teammates tell no one, especially media, about it.

The enormous Clemens-Hardin effort clearly has the prosecutors scrambling. In his attempt to prepare for Goldberger’s testimony, Butler was on the phone with Goldberger on Tuesday morning, only hours before Goldberger appeared before the jury. To prepare for Boddicker’s testimony, the prosecutors sent an FBI agent to interview him on Sunday before his Tuesday appearance.

The defense strategy is proactive, and it is aggressive. It fits what we know of the Clemens way of doing things. It’s working now, but as another great ballplayer said, “It ain’t over ’til it’s over.””

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


FBI chemist unable to identify a user of performance enhancing drugs

May 24, 2012

Chron.com on May 24, 2012 released the following:

“FBI chemist Pamela Reynolds tested medical waste that Brian McNamee stored in a beer can for seven years — and found a number of controlled substances.

But the prosecution witness told the jury in Roger Clemens’ perjury trial today that she was unable to identify a user of the performance enhancing drugs.

“You can’t tell us who used them?” asked defense attorney Mike Attanasio.

“That’s correct,” she replied.

“You can’t tell us if anybody used them?” he continued.

“That’s correct,” Reynolds added

The chemist, saying she was unable to say whether anybody used the substances, said she was only able to place performance enhancing drugs within the beer can.

Also in evidence was a bottle of 309 white pills. The pills were all unmarked. A total of 308 of the pills were of uniform size and the only substance found during analysis was lactose, a sugar component, Reynolds testified.

One of the pills was of a smaller size and when tested was found to contain a controlled substance.

However, as with the materials found in the beer can, Reynolds said was unable to determine how the one pill came to be in the container and who, if anyone was using it.

Following Reynolds’ testimony, prosecutors continued to build their case toward eventual testimony from lab scientists that traces of Clemens’ DNA were found on medical waste inside McNamee’s beer can cache of needles and cotton balls.

Jeremy Price, a former scientist with the Anti-Doping Research firm based in Los Angeles, told jurors that the firm’s tests of medical waste found steroid residue.

But Price, like Reynolds, was unable to link the steroid residue to Clemens or any other individual.

Price did tell jurors, however, the lab testing did not find traces of vitamin B-12 or lidocaine on the tested medical waste.

Those are the substances that Clemens claims he received in injections from McNamee.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Clemens trial hears FBI witness describe handling of needles

May 8, 2012

MySanAntonio.com on May 7, 2012 released the following:

“By Stewart M. Powell and Regina Garcia Cano

WASHINGTON — Prosecutors on Monday tediously chronicled the shipment, handling and testing of medical waste allegedly containing DNA from former pitcher Roger Clemens in a bid to show he used performance-enhancing drugs before allegedly lying about it to Congress.

Though even U.S. District Judge Reggie Walton urged government lawyers to speed it up, federal prosecutor Steve Durham methodically questioned FBI special agent John Longmire to describe the treatment of needles, cotton balls and vials allegedly used by Brian McNamee to inject the legendary pitcher with the controversial substances.

Prosecutors are banking that subsequent testimony by lab technicians will establish that medical waste retained by McNamee for more than seven years contains both Clemens’ DNA and outlawed performance-enhancing drugs such as anabolic steroids or human growth hormone.

Clemens, 49, a seven-time Cy Young Award winner, has not been charged with using performance-enhancing medications that are banned without a doctor’s prescription. But prosecutors are trying to use the medical waste and McNamee’s expected testimony as early as today to show that Clemens used the medications — a first step in the prosecution’s effort to prove that Clemens had lied to Congress in 2008 when he denied using anabolic steroids or human growth hormone.

Longmire’s detailed accounting for the medical waste Monday focused on at least three needles, one syringe, two cotton swabs, two cotton balls, gauze pad and at least two sheets of Kleenex. Some of the waste had been stored by McNamee in an empty Miller Lite beer can for at least seven years; other items of the waste had been loosely stored before McNamee turned all of the medical waste over to federal authorities in January 2008.

Prosecutors contend the medical waste stems from McNamee injecting Clemens with performance-enhancing drugs on multiple occasions between 1998 and 2001 before players were subjected to mandatory random drug testing.

Clemens’ defense team sought to undermine the FBI agent’s testimony with repeated questions about just how carefully agents handled individual items of medical waste.

“During the time you had custody of the evidence you didn’t do anything untoward to that evidence?” defense lawyer Michael Attanasio asked Longmire. The FBI agent said he had not.

Attanasio sought to use Longmire’s testimony to call into question McNamee’s handling of the forensic evidence before he turned it over to federal authorities.

“Did you ever seal medical waste in an open container like a beer can?” Attanasio asked.

Longmire replied: “I have not done that. That is not what they trained us to do.”

Longmire acknowledged that some items were only tested by the FBI lab while others also were tested by two private independent medical labs in California.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Report: Syringes shown at Clemens trial

May 4, 2012

Fox News on May 3, 2012 released the following:

“Federal prosecutors presented needles, syringes and bloody cotton balls that they claim show pitching legend Roger Clemens used performance-enhancing drugs, USA Today reported Thursday.

Jeff Novitzky, a special agent for the Food and Drug Administration’s Office of Investigation, took the stand to outline the evidence he says was given to him in January 2008 by Clemens’ former trainer, Brian McNamee.

Novitzky, a former IRS agent, was involved in previous steroid investigations, including the BALCO case which involved baseball home run king Barry Bonds and Olympic sprinter Marion Jones.

The government must prove Clemens’ steroid use in order to show he committed perjury in 2008 by testifying before Congress that he never used performance-enhancing drugs.

McNamee stashed cotton balls, allegedly with Clemens’ blood on them, in a beer can for years along with used needles and vials alleged to have contained steroids.

Prosecutor Steve Durham sought to show the jury that Novitzky was meticulous in his handling of the crucial evidence.

But defense attorney Rusty Hardin called it a “hodgepodge of garbage” that could have easily been tampered with before it was given to Novitzky.

Hardin also questioned the motives of McNamee, who is scheduled to testify next week, suggesting he could have lied about injecting Clemens in order to avoid prosecution.

On Wednesday, the government’s case against Clemens took a major hit when Yankees pitcher Andy Pettitte said he was only 50 percent sure that the seven-time Cy Young winner told him he used human growth hormone.

Prosecutors were relying on Pettitte’s testimony to go along with McNamee’s claims and the purported physical evidence presented Thursday.

Clemens, 49, has steadfastly denied ever using performance-enhancing drugs. If convicted on all charges, he could face 15 to 21 months in prison under federal sentencing guidelines.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Roger Clemens trial: Prosecutors should not be surprised by Pettitte admission, attorneys say

May 3, 2012

The Washington Post on May 3, 2012 released the following:

“By Ann E. Marimow and Del Quentin Wilber

The government lawyers prosecuting former baseball star Roger Clemens should not have been surprised by Andy Pettitte’s admission Wednesday that he may have misheard his former teammate and friend tell him that he’d used performance-enhancing drugs, according to former federal prosecutors.

In preparation for taking the witness stand, former prosecutors said the government team likely would have asked Pettitte how sure he was of his recollection of the conversation with Clemens during a workout at the pitcher’s home gym in 1999 or 2000.

Until Wednesday, Pettitte generally had not wavered from his assertion that Clemens confided in him about his use of HGH. He repeated that testimony Tuesday, which was critical to the government’s case that Clemens lied to Congress in 2008 when he denied using the banned substances.

But Pettitte had earlier expressed some doubt about his memory of the conversation to congressional investigators.

“Roger told me that he didn’t take it, and I misunderstood him. I took it for that, that I misunderstood him” in 1999 or 2000, he told them in 2008.

Defense lawyer Michael Attanasio apparently saw an opening, and pressed Pettitte on it Wednesday.

That prosecutors from the District’s U.S. Attorney’s Office did not specifically revisit Pettitte’s conflicting account under cross-examination Wednesday when they had a chance suggests that they didn’t want to dig a deeper hole, some attorneys say.

“They didn’t want to go there for fear of getting worse answers,” said Andrew White, a former federal prosecutor, “For fear that Pettitte isn’t going to go out of his way to harm his friend.”

Former federal prosecutors agreed that Pettitte’s pullback was a big boost to the defense team, but varied in their assessments of how much of a problem that testimony would be for the government.

Prosecutors are laying the groundwork for the testimony of former strength coach Brian McNamee, who is expected to testify that he injected Clemens with steroids and HGH on several occasions.

Michael Volkov, another former federal prosecutor, cautioned that Pettitte’s uncertainty is “not devastating.”

The case, he said, still hinges on what the jury thinks of McNamee and whether his story is backed up by the evidence, including needles that prosecutors have said contains Clemens’s DNA and traces of performance-enhancing drugs.

On the other hand, White said that Pettitte’s admission adds credibility to Clemens’s reaction to a separate conversation in 2005. At a time when performance-enhancing drugs were in the news, Pettitte asked Clemens how he would handle media questions about his use of steroids. Pettitte said Clemens responded, “What are you talking about?”

“This sets up a major league positive scenario for the defense,” White said, “and a possible basis for the misunderstanding that Pettitte now acknowledges he might have had.””

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


News Guide: Key details in Clemens perjury trial

April 16, 2012

Associated Press on April 16, 2012 released the following:

“WASHINGTON (AP) — Roger Clemens’ second perjury trial began Monday, following a mistrial in the first case when prosecutors showed inadmissible evidence to the jury.

The famed former pitcher is accused of ying to Congress in 2008 when he said he never used performance-enhancing drugs.

The new trial, which begins with jury selection, is expected to last four to six weeks.

Some key data and figures in the case:

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CHARGES:

Three counts of making false statements, two counts of perjury and one count of obstruction of Congress.

POSSIBLE PENALTIES:

If convicted on all counts, Clemens could face up to 30 years in prison and a $1.5 million fine. But with no prior criminal record, under U.S. sentencing guidelines, he would probably face no more than 15 to 21 months in prison.

WITNESSES

Former baseball stars Barry Bonds and Jose Canseco were on the list of 104 potential witnesses or people who might be mentioned at trial that was read to the jury pool. In addition to Bonds and Canseco, prosecutors said they might call baseball commissioner Bud Selig and New York Yankees general manager Brian Cashman. Clemens’ attorneys said they might call his former teammates Paul O’Neill, Jorge Posada and Mike Stanton and baseball writer Peter Gammons.

JURY SELECTION:

U.S. District Judge Reggie Walton asked 90 potential jurors 86 yes-or-no screening questions designed to uncover personal history or attitudes, medical problems or scheduling conflicts that might reveal potential prejudice or an inability to serve. Among them: “Do you have any opinions about Major League Baseball – good, bad or whatever?” Jury pool members who had “yes” answers marked them on a sheet of paper. The lawyers and judge then began questioning them individually about those answers. In addition to people disqualified by the judge for cause, the defense will be allowed reject 10 potential jurors and the prosecutors can veto six – without explanation – until 12 are seated. Then each side will get two such unexplained strikes until four alternates are chosen, in case any jurors have to drop out during the trial.

THUMBNAILS:

– Roger Clemens: The famed pitcher, who won a record seven Cy Young Awards, said he never used steroids or human growth hormone during his baseball career. But prosecutors maintain he lied and broke the law when he made that denial under oath to a congressional committee in 2008.

– Brian McNamee: The strength trainer who worked out with Clemens for a decade, he helped mold The Rocket into one of the most feared power pitchers in the major leagues, even into his 40s. McNamee maintains he injected Clemens with steroids and human growth hormone – and saved the needles, which will be evidence at trial. He’ll be the prosecution’s most important witness.

– Andy Pettitte: The pitcher and former teammate of Clemens – with both the New York Yankees and Houston Astros – is the only person besides McNamee who says Clemens acknowledged using drugs. Clemens has said his former friend is “a very honest fellow” but insists he “misremembers” their conversation, said to have taken place in 1999 or 2000.

– Kirk Radomski: The former batboy with the New York Mets was the primary source behind the 2007 Mitchell Report examining the use of performance-enhancing drugs in Major League Baseball. Radomski has admitted providing drugs to dozens of players, and McNamee says he got the drugs for Clemens from Radomski.

– U.S. District Judge Reggie Walton: The judge is a former athlete himself – he went to college on a football scholarship. In declaring a mistrial last year, Walton blamed prosecutors for a mistake that a “first-year law student” wouldn’t make. No stranger to high-profile cases, he presided over the trial of former Vice President Dick Cheney’s onetime chief of staff, Scooter Libby.

– Rusty Hardin: Clemens’ lead attorney has a reputation for winning jurors over with plenty of Southern charm and colorful quips aimed to bring down opponents.

– Assistant U.S. Attorney Steven Durham: One of two prosecutors who worked on the original case last summer, which ended in a mistrial because prosecutors showed the jury inadmissible evidence, Durham is chief of the public corruption unit at the U.S. attorney’s office in Washington.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Feds bulk up to retry Clemens over drug testimony

April 16, 2012

Associated Press on April 16, 2012 released the following:

“By FREDERIC J. FROMMER

WASHINGTON (AP) — The Justice Department, embarrassed by blundering into a mistrial of Roger Clemens last year, has added more prosecutors as it tries again to convict the famed pitcher of lying to Congress when he said he never used performance-enhancing drugs.

Jury selection in the new trial begins Monday.

The legendary former pitcher, who famously reveled in staring down hitters, will face a prosecution lineup of five lawyers – more than double the two from the first trial.

Last July, U.S. District Judge Reggie Walton declared a mistrial on only the second day of testimony, after prosecutors showed jurors evidence that had been ruled inadmissible. Walton also will preside over the new trial, which is expected to last four weeks to six weeks.

The Clemens team won’t be outgunned. It has six lawyers working on the case, led by Houston lawyer Rusty Hardin, whose Rusty Hardin & Associates has represented sports stars such as quarterback Warren Moon, baseball star Wade Boggs and NBA great Scottie Pippen, each a Hall of Famer.

Both Hardin and the U.S. attorney’s office for the District of Columbia, which is prosecuting the case, declined to comment for this story, citing Walton’s gag order.

Michael McCann, a law professor and director of the sports law institute at Vermont Law School, said it was unusual to have so many prosecutors “for a perjury case that isn’t terribly complicated.”

Prosecutors know that some potential jurors might object to spending too much money on the case because Walton advised them last year that some of the original jurors thought it was would be a waste of money to retry Clemens.

McCann said the department has extra motivation to convict Clemens, given the amount of money spent on the case and the underwhelming outcome of its more-than-seven-year investigation of Barry Bonds over steroids.

Bonds, baseball’s career home run leader, was found guilty last year on just one count, obstruction of justice, for giving an evasive answer to a grand jury when asked about drug use. He received a sentence of 30 days confinement at his estate in Beverly Hills. Prosecutors dropped three other counts charging Bonds with making false statements after the jury deadlocked on those charges. Bonds has appealed his conviction.

“For the government to lose this case after obtaining a very mild victory against Bonds,” McCann said, “would invite a lot of questions about the appropriateness of these prosecutions.”

In addition, the Justice Department recently closed, without bringing any charges, an expensive two-year, multi-continent investigation of possible drug use by Lance Armstrong, the cyclist who beat cancer and won the Tour de France seven straight times.

The essence of the Clemens case remains the same: The seven-time Cy Young Award winner is charged with perjury, false statements and obstruction of Congress for telling a House committee under oath, in both a public hearing and in a deposition with committee staff, that he hadn’t used steroids or human growth hormone during his 24-season career.

The key witness for the government will be Clemens’ former strength trainer, Brian McNamee, who says he injected Clemens with steroids and human growth hormone, and even kept the used needles that will be entered as scientific evidence at trial.

Clemens’ lawyers will seek to discredit McNamee, who provided drugs to several professional baseball players and has acknowledged he hasn’t always told the truth about Clemens’ drug use and other matters. McNamee initially denied giving Clemens drugs, before admitting to federal agents he injected the pitcher. The defense team has said that the trainer fabricated the evidence.

Harder to discredit will be another prosecution witness, Andy Pettitte, a former Clemens teammate who recently came out of retirement to mount a comeback attempt with the New York Yankees. Pettitte says that Clemens, in a private conversation in 1999 or 2000, acknowledged using HGH. Clemens has said Pettitte “misremembers” their conversation.

If convicted on all six charges, Clemens faces a maximum sentence of up to 30 years in prison and a $1.5 million fine. Maximum penalties are unlikely because Clemens doesn’t have a criminal record, but Walton made plain at the first trial that Clemens was at risk of going to jail.

Under U.S. sentencing guidelines, Clemens probably would face up to 15 months to 21 months in prison.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.