Roger Clemens acquitted of all charges

June 18, 2012

The Washington Post on June 18, 2012 released the following:

“By Ann E. Marimow and Del Quentin Wilber

Legendary pitcher Roger Clemens was found not guilty Monday of all charges in the government’s perjury case against him.

Over seven weeks of testimony in the case against Clemens, jurors heard from more than 40 witnesses, including former major league ballplayers, a housekeeper, the general manager of the New York Yankees and the wife of the star pitcher. The trial, initially anticipated to last four to six weeks, was at times slow going, with two jurors dismissed for sleeping on the job.

Deliberations began Tuesday, but jurors were off on Thursday and Friday.

The baseball legend was on trial for a second time, charged with six counts of perjury, making false statements and obstructing Congress for denying in 2008 that he had ever taken steroids or human growth hormone. A House panel was following up on a 2007 report by former senator George Mitchell that connected dozens of ballplayers, including Clemens, to performance-enhancing drugs.

Clemens told Congressional staffers and lawmakers in a nationally televised hearing that his former strength coach Brian McNamee had injected him with liquid vitamin B 12 and the painkiller lidocaine – not steroids or human growth hormone. But McNamee told the same House committee that he injected the seven-time Cy Young Award winner with the banned substances on several occasions in 1998, 2000 and 2001.

Defense attorneys portrayed Clemens as a man who was unfairly pursued by a huge team of investigators and prosecutors for four and a half years. Despite more than 200 interviews and the work of more than 90 federal agents, Clemens’s attorney emphasized that McNamee, a man with a troubled past, was the only person to testify to firsthand knowledge of the ballplayer’s alleged use of performance-enhancing drugs. Clemens’s highly decorated 24-year career was the result of hard work and discipline, not drugs, his lawyers said.

Prosecutors responded that it was unremarkable to find just one witness to what they described as Clemens’s “dirty little secret.” Government’s lawyers noted that not one of the defense’s witnesses had testified to seeing McNamee inject Clemens with vitamin B-12 or lidocaine. And they put on the stand several athletic trainers and team doctors who testified that McNamee would not have had access or the authority to inject the star pitcher with such substances in their team clubhouses.

The defense team spent considerable time attacking McNamee’s credibility, at one point putting his estranged wife on the witness stand to contradict the former strength coach’s testimony about why he kept needles, cotton balls and other medical waste from the alleged injections. The former strength coach admitted to having exaggerated, changed his story and lied to authorities in a 2001 criminal investigation into an alleged sexual assault.

But prosecutors said McNamee had little incentive to turn on his former employer whose cachet helped McNamee’s own business as a personal trainer. McNamee only decided to turn over the medical waste — stored in a MillerLite can and FedEx box, he said — after Clemens allowed a taped conversation that mentioned McNamee’s sick child to be aired on national television.

Perhaps the most dramatic moment of the trial came when Clemens’s former teammate and friend, Andy Pettitte, backed away from a critical element of the prosecution’s case. Pettitte, a star pitcher in his own right, initially told jurors that Clemens confided in him in 1999 or 2000 about using HGH to help with recovery. Pettitte had earlier told Congressional investigators the same story. But on cross-examination, Pettitte agreed with one of Clemens’s attorneys, Michael Attanasio, that there was a 50/50 chance he had misheard his friend.

Even before the trial began, many of the Washingtonians called to the Prettyman Courthouse for jury duty questioned the wisdom of the government investigating the use of performance-enhancing drugs in big league baseball. In interviews with the judge, many prospective jurors — including some selected for the panel — said that Congress should have been spending its time on weightier matters that affected more people.

In reaching a verdict, the panel of eight women and four men had to decide whether Clemens’s answers to questions from Congressional investigators and lawmakers were “material” or relevant to the work of committee “as distinguished from unimportant or trivial facts,” according to the lengthy jury instructions.

To find Clemens guilty of the obstruction charge, for instance, jurors had to unanimously agree that the all-star pitcher made at least one of 13 allegedly false or misleading statements on subjects including his use of vitamin B-12 and the circumstances of his wife’s injection of human growth hormone.

In July, during the pitcher’s first trial on the same charges, Walton declared a mistrial after just two days of testimony. But the judge subsequently decided not to dismiss the charges, allowing this year’s trial to proceed.”

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

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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.


Federal prosecutors drop case against John Edwards

June 13, 2012

San Francisco Chronicle on June 13, 2012 released the following:

“(06-13) 13:20 PDT Greensboro, N.C. (AP) —

Federal prosecutors have filed an order dismissing the remaining criminal charges against John Edwards.

A jury in North Carolina acquitted the former presidential candidate last month on one count of accepting illegal campaign contributions. It deadlocked on five other felony counts, resulting in a mistrial on those charges.

A statement issued by the U.S. Justice Department on Wednesday said prosecutors will not seek to retry Edwards on the five unresolved counts.

Edwards was accused of masterminding a scheme to use about $1 million in secret payments from two wealthy political donors to hide his pregnant mistress as he sought the White House in 2008.”

US v. John Edwards – Order for Dismissal

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

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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.


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

————————————————————–

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.


Edwards Verdict Shows Clemens Need Not Fear Taint Of Reputation

June 4, 2012

Bloomberg on June 3, 2012 released the following:

“By David Glovin

Jurors tend to look past a criminal defendant’s reputation, no matter how odious, to render verdicts based on fact and law, lawyers said after former presidential candidate John Edwards won an acquittal and mistrial last week.

Federal jurors in Greensboro, North Carolina, on May 31 acquitted Edwards of one charge of using illegal campaign contributions to hide an extramarital affair and couldn’t decide about five other counts. They did so after hearing evidence that Edwards cheated on his dying wife and lied to the public about fathering a child with his paramour.

The verdict sends an encouraging signal to Roger Clemens, the former Major League Baseball pitcher now on trial in Washington for lying to Congress about his use of steroids, said Douglas Godfrey, a professor who teaches criminal law at Chicago-Kent College of Law.

“While we would all acknowledge that Edwards and Clemens are not nice guys and they behaved in very bad ways, that’s not the same as violating the law,” Godfrey said in a telephone interview. “Just because you’re an arrogant SOB or philanderer, that’s not the same as committing a crime.”

Edwards’s acquittal and mistrial came 11 months after a Florida jury acquitted Casey Anthony, an Orlando mother accused of killing her 2-year-old daughter, and 22 years after a New York City jury rendered a not guilty verdict in the racketeering case of Imelda Marcos, the former Philippines first lady ridiculed for owning more than 1,000 pair of shoes. In those cases and others, public opinion had turned so harshly against the defendants that a conviction seemed almost an afterthought.

Then the jury weighed in.

Jury Speaks

“It’s a great affirmation of our jury system that people like Casey Anthony and John Edwards, who are personally unlikable and in many ways despicable, can still sit in front of a jury of 12 people and have those 12 people judge them based on the evidence,” said Marc Mukasey, a former federal prosecutor who is now in private practice at Bracewell & Giuliani LLP.

Edwards, a former Democratic U.S. senator from North Carolina and presidential contender in 2008, was accused of violating campaign finance laws by accepting almost $1 million from multimillionaire heiress Rachel “Bunny” Mellon and Fred Baron, a now-deceased trial attorney, to conceal an affair. The case marked the first time the government prosecuted someone for campaign violations when money was paid to a third party.

Jurors deliberated for nine days before reaching their partial verdict. They couldn’t agree on counts that included a claim that Edwards conspired to protect his candidacy by secretly soliciting and accepting the funds and causing his campaign to file false reports with the Federal Election Commission.

He’s unlikely to be retried, a person familiar with the matter said last week.

Adultery, Arrogance

Except for the defendants’ notoriety — Edwards for adultery and Clemens for arrogance — the two cases have few similarities, said Stefan Passantino, who heads the political law team at McKenna Long & Aldridge in Washington. Lying to Congress, which Clemens is accused of, is a far more established crime than the conduct for which Edwards was on trial, he said.

Still, both defendants have had to confront the prospect that jurors would convict because of their reputations. The Edwards jury didn’t, in part because defense lawyers shifted the focus to ex-campaign aide Andrew Young, who acted as a go- between on transactions involving Mellon and Baron and used some of their money to build his own $1.5 million home.

Defense attorney Abbe Lowell also addressed the character issue head-on.

‘Moral Wrongs’

“John Edwards may have committed many moral wrongs but he did not commit a legal one,” Lowell told jurors during his closing argument. “He was a bad husband and lied to his family but there is not a remote chance that he violated campaign finance laws or committed a felony.”

Marcellus McRae, a former federal prosecutor who is now at Gibson Dunn & Crutcher LLP in Los Angeles, said jurors were attentive enough to the case’s nuances to see past Edwards’s reputation.

“Perceptions about personalities don’t govern verdicts,” he said. “In Edwards, personality didn’t rule.”

While Clemens is a seven-time Cy Young Award winner as the best pitcher in his league, he also ranks 14th in Major League Baseball for hitting 159 batters with pitches during his career.

Hurled Bat

Lawyers for Clemens, whose reputation for abrasiveness grew after he hurled a bat at an opposing player and because of his performance before Congress, have been taking a page from Edwards’s book. The ex-pitcher’s defense has been focused on tearing down the credibility of the government’s only eyewitness, Brian McNamee, Clemens’s former trainer.

McNamee testified he gave Clemens injections of steroids and human-growth hormone.

Clemens’s lawyer, Rusty Hardin, got McNamee to admit he’d lied to federal investigators and accused him of alcohol abuse and engaging in a fraudulent scheme to obtain diet pills.

“The facts are very different, the personalities are different,” Robert Mintz, a former federal prosecutor who’s now a partner with McCarter & English LLP in Newark, New Jersey, said of the Clemens and Edwards cases.

‘Positive Message’

“But if there’s any positive message that Clemens can draw out of the Edwards verdict, it’s that jurors will look beyond whatever antipathy they may feel regarding their personal conduct and do their best to make a decision based solely on the facts and law presented to them at the trial,” Mintz said in a telephone interview.

Jacob Frenkel, a former Securities and Exchange Commission lawyer who is now with Shulman Rogers Gandal Pordy & Ecker PA in Potomac, Maryland, said it’s proven lying, and not reputation, that puts many celebrity defendants behind bars. He pointed to Martha Stewart, who was sentenced to six months in prison in 2004 for obstructing justice by lying to prosecutors, and baseball player Barry Bonds, the career home-run record-holder who was convicted last year of obstructing justice for deceiving a grand jury.

Clemens is accused of obstructing justice and perjury.

“It is the acts of lying or obstruction that often are the downfall,” Frankel said in a telephone interview.

It’s not only Clemens who may take comfort in the Edwards verdict, said Michael Kendall, a partner at McDermott Will & Emery in Boston and a former federal prosecutor. In New York, Rajat Gupta, who was once a director of Goldman Sachs Group Inc. (GS) and who ran McKinsey & Co. from 1994 to 2003, is defending against charges that he leaked inside information to hedge fund co-founder Raj Rajaratnam.

Public Hostility

If Edwards could win an acquittal, so might Gupta, even amid public hostility to bankers and Wall Street in the wake of the 2007 financial crisis, he said.

“There are a thousand ways to derail a prosecution,” Kendall said in a telephone interview. “There’s an incredible common sense in collective good judgment in the jury system.”

The Edwards case is U.S. v. Edwards, 11-cr-161, U.S. District Court, Middle District of North Carolina (Greensboro). The Clemens case is U.S. v. Clemens, 10-cr-223, U.S. District Court, District of Columbia (Washington). The Gupta case is U.S. v. Gupta, 11-cr-907, U.S. District Court, Southern District of New York (Manhattan).”

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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 not guilty of illegal campaign contributions; mistrial on other charges

May 31, 2012

CNN on May 31, 2012 released the following:

“[Updated at 4:31 p.m. ET] The judge in the John Edwards trial has declared a mistrial on all counts except for the one on which the jury found the former presidential candidate not guilty, CNN producers in the courtroom said Thursday.

[Updated at 4:24 p.m. ET] The jury in the John Edwards trial has found the former presidential candidate not guilty on count three of accepting illegal campaign contributions from heiress Rachel “Bunny” Mellon in 2008.

The jury said it was deadlocked on the other charges.

That was the sole count the jury had earlier that they had reached a unanimous verdict on. The jury was still deadlocked on the other charges.

The Justice Department will now have to decide whether to try him again on the other charges.

[Updated at 3:08 p.m. ET] The judge in former North Carolina Sen. John Edwards’ federal corruption trial has ordered jurors to continue deliberations after they announced they had reached a verdict on only one of six counts.

The judge will soon issue an “Allen charge,” which is essentially a request from the court for the jury to go back into deliberations and try again to reach a unanimous verdict on all counts.

[Updated at 2:55 p.m. ET] The prosecution has asked for the jury to go back in the jury room to deliberate. The defense has asked for a mistrial on the remaining counts.

The judge is taking a five minute recess on the matter. The judge has the option to issue an “Allen charge,” which is essentially a request from the court for the jury to go back into deliberations and try again to reach a unanimous verdict on all counts.

What are the charges against John Edwards?

[Posted at 2:53 p.m. ET] The jury in the John Edwards trial has only reached a unanimous decision on one charge against John Edwards.

The group of jurors said that as of this moment they could only agree on the charge of illegal campaign contributions from Rachel “Bunny” Mellon. We do not know which way the jury decided on that count.

Edwards, a former Democratic U.S. senator and presidential candidate, was charged with accepting illegal campaign contributions, falsifying documents and conspiring to receive and conceal the contributions. The charges carry a maximum sentence of 30 years in prison and a $1.5 million fine.

Everything you need to know about John Edwards

Jurors last week asked to review all the exhibits, indicating they were in it for the long haul.

Prosecutors said Edwards “knowingly and willingly” accepted almost $1 million from two wealthy donors to hide former mistress Rielle Hunter and her pregnancy, then concealed the donations by filing false and misleading campaign disclosure reports.

Defense attorneys argued that Edwards was guilty of nothing but being a bad husband to his wife, Elizabeth, who died in 2010. They also argued that former Edwards aide Andrew Young used the money for his own gain and to pay for Hunter’s medical expenses to hide the affair from Edwards’ wife.

Neither Edwards nor Hunter testified during the trial. The affair occurred as Edwards was gearing up for a second White House bid in 2008, and he knew his political ambitions depended on keeping his affair with Hunter a secret, Assistant U.S. Attorney Robert Higdon told jurors in closing arguments.

Prosecutors argued that Edwards knowingly violated campaign finance laws by accepting the large contributions from Rachel Mellon and Fred Baron that went to support Hunter. Edwards “knew these rules well,” Higdon said, and should have known that the contributions violated campaign finance laws.

Edwards accepted $725,000 from Mellon and more than $200,000 from Baron, prosecutors said. The money was used to pay for Hunter’s living and medical expenses, travel and other costs to keep her out of sight while Edwards made his White House run, prosecutors say.”

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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

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

Federal Crimes – Appeal

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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.


Witness in Clemens trial says was told Clemens used drug

May 29, 2012

Fox News on May 29, 2012 released the following:

Reuters

“Ex-trainer Brian McNamee, who says he injected performance-enhancing drugs into former pitching ace Roger Clemens, told a client that Clemens had used human growth hormone to recover more quickly from injuries and strains, the client testified on Tuesday.

Prosecution witness Anthony Corso’s testimony bolsters that of McNamee, a former strength and conditioning coach, whose allegations that he injected Clemens with steroids and human growth hormone have been the core of the government’s case.

Federal prosecutors claim the retired pitching star lied to a congressional panel when he denied using performance-enhancing drugs.

“Mr McNamee had mentioned that Mr. Clemens was one of the athletes that he was getting positive results from him being able to push himself to limits … using the medication to recover,” Corso, 49, testified.

Clemens’ lawyers sought to cast doubt on Corso’s testimony when the witness revealed he could not recall whether McNamee had mentioned Clemens during a conversation about saving syringes from players using the drugs.

Corso testified that McNamee had told him in or around 2005 that the trainer had saved syringes from players to avoid getting “thrown under the bus” should the drug usage be discovered but said McNamee had not named Clemens as one of those players.

According to prosecutors, Corso had told a grand jury in 2010 that McNamee claimed the syringes had been “used on Roger.”

“The two answers are different. So would it be a fair testimony … that you made a mistake?” Clemens’ lawyer Rusty Hardin asked.

“Yes,” Corso said.

Clemens’ attorneys have worked to paint McNamee as a liar who obtained immunity in exchange for his testimony.

McNamee has said that he saved medical waste from a 2001 injection of anabolic steroids into Clemens and turned the evidence in to authorities in 2008.

Clemens, 49, a seven-time Cy Young Award winner as best pitcher, is being tried for a second time on federal charges of lying in 2008 to the U.S. House of Representatives’ Committee on Oversight and Government Reform, which was investigating drug use in Major League Baseball. His first trial ended last year in a mistrial.”

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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
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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.