Debbie Clemens to back up husband on HGH shot

June 8, 2012

Associated Press on June 8, 2012 released the following:

“By FREDERIC J. FROMMER
Associated Press

WASHINGTON (AP) — “My heart’s pounding,” Debbie Clemens said just before she walked into a federal courtroom to take the stand in her husband’s perjury trial.

Lawyers on both sides of the Roger Clemens case are ready for key testimony from her about her husband’s alleged use of human growth hormone as the defense nears the end of its case.

Debbie Clemens, who spent only 15 minutes on the stand Thursday fielding background questions before court recessed for the day, was to get to the crux of her testimony Friday. She was expected to say that she received a shot of HGH from Clemens’ then-strength coach, Brian McNamee, about 12 years ago, and that her husband wasn’t present.

McNamee, the government’s key witness, testified last month that not only was the star baseball pitcher there, he had summoned McNamee to the couple’s master bathroom in Houston to give Debbie Clemens the drug.

McNamee said she looked at her husband and said, “I can’t believe you’re going to let him do this to me,” and Clemens responded, “He injects me. Why can’t he inject you?”

Clemens is charged with lying to Congress when he denied using performance-enhancing drugs. Among the false statement he’s alleged to have made are that he never used HGH and that McNamee injected his wife without Clemens’ prior knowledge or approval.

Wearing a cream-colored suit, Debbie Clemens told U.S. District Judge Reggie Walton that she was being represented by her husband’s lawyer, Rusty Hardin. Walton gave her a few minutes to talk to Hardin about her right not to incriminate herself, after which she came back and said she was ready to testify.

Hardin earlier had told Walton that the HGH injection happened so long ago that the statute of limitations would bar charges against her now.

Debbie Clemens testified briefly Thursday about the couple’s time in Boston, where her husband pitched for the Red Sox from 1984 to 1996. She recalled that son Koby, born in 1986, was dubbed “most valuable baby” because his father was MVP that year.

For the benefit of the jury, Walton asked her what MVP meant.

“Most valuable baby,” she said, prompting laughter in the courtroom – including a rare laugh from her husband across the room. She quickly corrected her answer to most valuable player.

She also said that while she liked Boston, “the media could be very miserable. It was hard living a hero and a villain every other day, what they were creating.”

After the court recessed, Roger Clemens came up behind his wife in the hallway and put his arm around her.

Earlier Thursday, McNamee’s wife, Eileen, testified, but there was no embrace waiting for her, as the couple is going through a contentious divorce. She said she was furious with both her husband and Clemens when the former pitcher’s lawyers allowed details of the McNamees’ oldest son’s diabetes to be revealed during a 2008 nationally televised news conference.

The news conference was part of a media blitz during which Clemens denied the doping allegations McNamee made about the pitcher in the then-just-released Mitchell Report on drugs in baseball. Hardin and Clemens played a taped phone call in which McNamee told Clemens, “My son is dying.”

That wasn’t true, Eileen McNamee said, although she had left her husband a message around that time about blood test results that weren’t what they were supposed to be.

“Brian didn’t bother to call me back. He called Roger and told him his son was dying,” she testified.

Then her 10-year-old son heard the news conference, and “now my son thinks he’s dying.”

Prosecutor Courtney Saleski said Clemens could have kept the information about her son out of the news conference, but instead, “he played it for the world.”

“Yes, he did,” Eileen McNamee said. She acknowledged that she called her husband and told him to go after Clemens.

The next day, around 3 a.m., Brian McNamee retrieved the evidence that he said had been kept in and around a beer can inside a FedEx box for more than six years, the remnants of an alleged steroids injection of Clemens in 2001, which is the key physical evidence against Clemens.

“I asked him where he was going, and he said he was heading to his lawyers, and he was out the door,” she recalled.

Brian McNamee had testified that he decided to turn over the evidence to federal authorities against Clemens “because of what he did to my son.””

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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.


Prominent defense lawyer faces US charges

May 29, 2012

The Boston Globe on May 29, 2012 released the following:

“Robert A. George goes on trial today on charges of conspiring to launder money

By Milton J. Valencia

In a recent trial in federal court in Boston, well-known lawyer Robert A. George stood before a jury for his closing arguments, and spoke directly.

“When you’re innocent, you have a right to stand up and say something,’’ he declared in defense of his client, a Dorchester nurse and a mother of five charged with distributing prescription drugs.

But George might well have been speaking for himself – because he, too, is about to stand trial.

The 57-year-old father of three is accused by federal prosecutors of conspiring to help a former client launder drug money, and of restructuring bank deposits in violation of tax laws. Jury selection is slated for Tuesday. The case is a fight for his career and his livelihood.

The arrest of George in March 2011 caused a stir in the legal community, and defense lawyers descended on the Moakley courthouse to show their support.

In the year since FBI agents first swarmed his home, George, known for his testy exchanges with prosecutors, has represented clients just as aggressively as he did years ago when he defended Mafia figures and, later, the trash collector who maintains he was wrongly convicted of murdering Cape Cod fashion writer Christa Worthington.

George has also fought for a new trial for a former Stoughton police chief after finding information about one of the jurors that could have excluded her from serving on the panel in that extortion case. That request is pending in state court.

He has been working on his own case with two of the state’s better known defense lawyers, Robert M. Goldstein and Kevin R. Reddington. With them, he has filed repeated motions.

George has accused prosecutors of retaliating against him, being vindictive because of his defense of a man accused of plotting to kill a federal prosecutor several years ago. He has questioned the propriety of the government’s use of a confidential informant in his case, a man with a lengthy criminal history.

George and his lawyers are even attempting to include US Attorney Carmen M. Ortiz on his witness list.

“He has been laser focused on his clients’ cases, as well as his own,’’ said Thomas Shamshak, a former police chief in Spencer and Winthrop and a Somerville lieutenant who founded his own private investigative firm. He has worked with George on several cases, including this one. “He is a ferocious advocate unlike anyone I have ever worked for.’’

Martin Weinberg, a lawyer who has represented high-profile clients in federal court and who won the acquittal of a lawyer in a racketeering case several years ago in Florida, said the case also demonstrates the quintessential challenge for any lawyer: representing another criminal defense lawyer and the symbolism that comes with it.

“There’s always that added context, that you’re representing the lifestyle,’’ said Weinberg. “You’re representing everything he is.’’

Lawyers in Massachusetts can lose their law license if they are convicted of a felony, but nothing prevents them from carrying out their practice until their case has concluded.

Court rules require only that a lawyer notify his or her clients of the pending charges. A lawyer would have to notify the state Office of Bar Counsel if convicted.

George, who has lived on Cape Cod and the suburbs west of Boston, faces up to 20 years in prison on charges of trying to help a former client launder his drug-dealing profits for a fee, by referring him to a mortgage broker who would help him.

The former client, Ronald Dardinski, was cooperating with authorities, and George alleges he was targeted by authorities because he represented a man who in 2007 plotted to kill prosecutor Jack Pirozzolo.

Prosecutors rejected that allegation, and US District Court Judge Nathaniel Gorton refused to dismiss the case or to hold an evidentiary hearing, saying there was no evidence of retaliation. Prosecutors say they have audio recordings of George setting up the money-laundering scheme.

Rosemary Scapicchio, a friend of George’s, represented him at his initial hearing, before he could hire Reddington, and she lashed out at prosecutors for “investigating a criminal defense attorney who is out there protecting people’s rights. This is outrageous.’’

It is not the first time a defense lawyer has been a defendant in federal court in Boston. Last January, for instance, Gorton admonished attorney Lawrence M. Perlmutter before sentencing him to 5 1/2 years for laundering drug profits for his clients.

“You have disgraced not only yourself, but the rest of us who hold our profession in the highest esteem, and for what?’’ Gorton hissed. He is the same judge in George’s case.

George and his lawyers would not comment for this article.

One of George’s last appearances in a federal courtroom was May 9, for the sentencing of Gladys Ihenacho, the Dorchester nurse and wife of a pharmacist. Her husband, Baldwin, who had a different lawyer, was sentenced to 63 months in prison.

Gladys was acquitted of 23 of the 30 charges she faced.

Prosecutors had asked that she serve 27 months in prison, saying she showed greed. But George had asked that she serve no prison time because she had a family to care for, and argued that the charges did not reflect her work as a mother.

She was sentenced to probation, with 10 days of home detention, and went home that day.”

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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.


John Edwards trial: Alternate jurors — all in red — are talk of the courtroom

May 25, 2012

The Washington Post on May 25, 2012 released the following:

“By Manuel Roig-Franzia,

GREENSBORO, N.C. — Something exceedingly strange is happening at the John Edwards trial: all four alternate jurors dressed in red shirts Friday. They each wore bright yellow the day before.

Coincidence? Few here think so.

The demeanor of the alternate jurors and their behavior has become the talk of the courthouse. The alternates enter the courtroom each day giggling among themselves. One of the alternates, an attractive young woman, has been spotted smiling at Edwards and flipping her hair in what seems to some to be a flirtatious manner. On Friday, she wore a revealing red top with a single strap and an exposed right shoulder.

Her actions have not gone unnoticed by courtroom observers, some of whom have chatted about her in increasingly anxious tones during the long stretches of down time while the jury, now in its sixth day of deliberations, meets behind closed doors to decide whether Edwards should be convicted on six campaign finance and conspiracy charges.

The case centers on nearly $1 million in payments from the heiress Rachel “Bunny” Mellon and the wealthy lawyer Fred Baron that prosecutors say was used to cover up Edwards’s affair with videographer Rielle Hunter and the child he fathered with her.

The alternate jurors play a supporting role in this drama. They watched the testimony, but will not vote on the verdict unless one of the 12 members of the main jury is removed. Two members of the jury also wore red tops on Friday. At times during breaks in deliberations, some jurors have gestured toward alternates, who sit at the opposite end of a small federal courtroom here that is packed each day with reporters awaiting a verdict.

The sight of all four alternates in red drew titters from an audience that had already noted that Edwards had ended his streak of wearing a green tie to court for four straight days. NBC’s Lisa Meyer asked Edwards whether he was wearing his lucky tie on Thursday, and he responded with a smile, “I’m not saying’.”

The color he chose on Friday? You guessed it: red.”

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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.


Jury selection begins in John Edwards’ trial

April 12, 2012

CNN on April 12, 2012 released the following:

“By the CNN Wire Staff

(CNN) — Jury selection begins Thursday in a Greensboro, North Carolina, federal courtroom in the trial of former Democratic presidential candidate John Edwards.

Edwards is charged with six felony and misdemeanor counts related to the money dealings of his failed 2008 presidential campaign.

Rielle Hunter, Edwards’ former mistress, is expected to testify at the trial. A major issue in the approaching trial is whether money given to support Hunter, by the former candidate’s benefactors, should have been considered donations toward his presidential campaign. Edwards denies any wrongdoing, claiming the money was a gift.

Edwards is accused of conspiracy, issuing false statements and violating campaign contribution laws. If convicted on all counts, Edwards could face 30 years in prison and a fine of up to $1.5 million.

Edwards’ attorneys have claimed the investigation and prosecution are politically motivated, and the charges do not clearly establish any violation of election law.

Edwards was Sen. John Kerry’s running mate on the 2004 Democratic presidential ticket. His wife, Elizabeth, died of cancer in December 2010.

Elizabeth and John Edwards separated that year, shortly after he admitted that he had fathered a daughter with Hunter, who was hired to make documentary videos for his 2008 campaign.”

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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 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.