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.


Clemens trial about lying, not baseball: prosecutors

June 12, 2012

Chicago Tribune on June 12, 2012 released the following:

“Lily Kuo
Reuters

WASHINGTON (Reuters) – Federal prosecutors in the perjury trial of former pitching ace Roger Clemens urged jurors on Tuesday to use common sense and not to fall for the “entangled web of lies” he weaved to protect his reputation.

Clemens, 49, is on trial for the second time on federal charges of lying in 2008 to the House of Representatives’ Committee on Oversight and Government Reform, which was investigating drug use in Major League Baseball.

Prosecutors made closing arguments as jurors prepared to begin deliberations after nearly two months of testimony.

“What is this case about?” Assistant U.S. Attorney Gilberto Guerrero asked. “This case is not about Roger Clemens’ greatness. It is about (him) lying…to protect his legacy.”

Clemens, who won 354 regular-season games and is a record seven-time winner of the yearly Cy Young Award as best pitcher, is among the biggest names implicated in drug use in baseball.

The defense has worked to portray Clemens as a hard worker whose stunning late-career success was the product of dedication and smart pitching, not performance-enhancing drugs.

Defense lawyers will make closing statements and the jury will begin deliberating later Tuesday or Wednesday morning on what they have heard from 46 witnesses in the nine-week trial.

Guerrero outlined the government’s charges against Clemens, including obstruction of Congress, making a false statement and perjury, and appealed to jurors to use their common sense.

He argued against attacks on the testimony of Brian McNamee, the prosecution’s key witness and Clemens’ former trainer, who said he injected Clemens with anabolic steroids and human growth hormone between 1998 and 2001.

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

“We’re not asking you to like Brian McNamee. … Brian McNamee did a lot of things that weren’t nice … but Roger Clemens is the one who chose Brian McNamee to inject him with steroids and HGH,” Guerrero told the jury.

He also highlighted inconsistencies in defense witnesses from Clemens’s wife, Debbie, who testified that she had received an injection of human growth hormone from McNamee in 2000.

New York Yankees’ pitcher Andy Pettitte testified earlier in the trial that Clemens, a former teammate, told Pettitte in 1999 or 2000 that he had taken human growth hormone but, years later, said he had been referring to his wife’s use of the drug.

Guerrero pointed to physical evidence prosecutors have presented, medical waste which they say contain Clemens DNA and traces of steroids. Defense attorneys have argued that blood and pus on two cotton balls and a small number of cells on a needle, could have been fabricated.

“That’s totally illogical. There’s no way in the world someone could fabricate that,” Guerrero said, echoing the testimony of a government forensic scientist.

McNamee testified that he kept needles, cotton balls, a broken steroid ampoule and other medical waste from injections for Clemens. He turned the evidence in to authorities in 2008.

Clemens won his final Cy Young Award in 2004, the summer he turned 42, in his first season with the Houston Astros.”

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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.


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:

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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.


Prosecutors Poised to Rest in Roger Clemens’ Federal Criminal Trial

May 29, 2012

MLB.com on May 29, 2012 released the following:

By John Schlegel / MLB.com

“Prosecutors poised to rest case vs. Clemens

WASHINGTON — As the seventh week of the Roger Clemens federal perjury trial begins, the prosecution is poised to rest its case against the former star pitcher.

With likely two witnesses remaining before the government’s case gives way to the defense’s case, which lead attorney Rusty Hardin has said will take seven or eight court days to present, the prosecution has called 21 witnesses over 19 days of complicated, detailed and sometimes tedious testimony to attempt to prove to jurors beyond a reasonable doubt that Clemens lied to Congress in 2008.

The defense will continue to endeavor to raise that doubt with its case, which will include repeat appearances from federal agents Jeff Novitzky and John Longmire, who each spent several hours on the stand as witnesses for the prosecution.

Before Hardin and fellow defense attorney Michael Attanasio, who proved to be a potent force in cross-examination of witnesses from Andy Pettitte to scientific experts, take their turn in presenting Clemens’ case, the prosecution will wrap up its presentation with what it hopes is an effective finale Tuesday.

Clemens is charged with three counts of making false statements, two counts of perjury and one count of obstruction of Congress based on his testimony during a Feb. 13, 2008, hearing before the House Committee on Oversight and Government Reform and a Feb. 5, 2008, deposition conducted by committee staff members. Clemens said at the hearing, “Let me be clear: I have never used steroids or HGH.”

Brian McNamee, who served as a strength and conditioning trainer to Clemens in one capacity or another for nearly a decade, said in his own deposition and at that same hearing and again in a week-long stay on the witness stand in the trial that he had injected Clemens with performance-enhancing drugs on numerous occasions, keeping items he says proves it in a beer can and a mailing box for nearly seven years.

Forensic scientist Alan Keel revealed Friday that Clemens’ DNA was found on a needle and two cotton balls that were part of the physical evidence McNamee kept in his house for several years before turning it over to the government. Keel also withstood rigorous cross-examination from Attanasio and numerous skeptical questions from jurors.

When court reconvenes Tuesday, the government intends to call Wall Street investment manager Anthony Corso and FBI forensic scientist Eric Pokorak. Prosecutors indicated at one point they might call one other as yet unnamed witness as well.

Corso is expected to testify about how McNamee told him in 2002 that Clemens had used HGH to help with recovery and told him in 2005 that he had saved needles from Clemens, combining with the testimony from former Major Leaguer David Segui to further rebut defense attacks that McNamee made up his story to appease federal investigators in 2007.

Pokorak likely will tie up the loose ends on the forensics introduced so far. Testimony has yet to provide the link between the items Keel testified had Clemens’ DNA to the steroids that other scientific experts testified were found on the items.

The government filed a pair of motions on Memorial Day. One moves to rebut the defense’s attacks on Keel and inform the jury that the defense also could have tested the evidence.

The other motion attempts to head off some of the character witnesses the defense intends to call, asking the court to “preclude or limit additional evidence of the defendant’s athletic work ethic and any opinion testimony by former coaches, trainers or teammates regarding the defendant not showing any signs of steroid or HGH use.”

The government argued that such testimony should open the door to testimony from other baseball players who “also adhered to strong athletic work ethics but nonetheless used steroids or HGH to perform better than their competitors.”

The pace of the trial was a significant issue earlier in the trial, which was projected to last 4-6 weeks — so much so that Judge Reggie Walton imposed time limits on the attorneys of 90 minutes for direct and cross. But Walton allowed both sides some leeway on that with Keel, given the importance of the evidence he discussed. Juror questions of Keel took about an hour as well.

Two jurors were excused for falling asleep on the job, and now a third juror may not be able to return. Juror No. 16, a Metro transit police officer, found out as Friday’s proceedings were coming to a close that her mother had passed away. Walton indicated it’s unlikely she’ll return to duty, which would leave the jury panel with 12 jurors and just one alternate remaining.”

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

Federal Crimes – Be Careful

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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.


Key witness in Clemens trial to take stand again

May 21, 2012

Reuters on May 21, 2012 released the following:

“By Lily Kuo

(Reuters) – Government prosecutors on Monday will try to salvage the credibility of their key witness in the perjury trial of former Major League Baseball star Roger Clemens when his ex-trainer who said he supplied the pitching ace with drugs takes the stand.

Brian McNamee, the most important witness for federal prosecutors who have charged Clemens with lying to the U.S. Congress about using the performance-enhancing drugs, will be wrapping up more than 20 hours of testimony in U.S. District Court.

In questioning last week, lawyers for the pitching great attacked McNamee’s trustworthiness and hammered him over inconsistencies in his story.

Also on Monday, Judge Reggie Walton was expected to rule on a government motion to allow previously prohibited evidence showing that McNamee supplied drugs to other players – a move that could extend the trial. It is already expected to take until June 8.

McNamee says he injected Clemens with anabolic steroids and human growth hormone from 1998 to 2001, citing as evidence needles, gauze, a broken steroid ampoule and human growth hormone stuffed into a Miller Lite beer can that McNamee said Clemens had given to him in 2002.

Clemens, 49, 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 baseball. His first trial ended in a mistrial last year.

On Friday, pressed by Clemens’ lawyer Rusty Hardin, McNamee revealed that not all of the waste – evidence he had turned over to federal authorities – was connected to Clemens and included items used by other players.

Hardin noted that during a six-week period in 2002, the year Clemens allegedly gave McNamee the can, McNamee pleaded guilty to two charges of driving under the influence in New York. Hardin asked McNamee if the charges showed he had a drinking problem, to which McNamee said, “I disagree.”

McNamee, Clemens’ personal trainer while he pitched for the Toronto Blue Jays and later with the New York Yankees, has admitted lying to federal investigators and to an independent commission headed by former U.S. Senator George Mitchell that investigated drug use in Major League Baseball.

But McNamee has remained steadfast in alleging that Clemens used drugs to enhance his performance.

Clemens was known as “The Rocket” during a career that ran from 1984 to 2007. He won the Cy Young Award as best pitcher seven times and is among the biggest names implicated in drug use in baseball.”

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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.


Roger Clemens trial: Prosecutors seek to present evidence of McNamee injecting players with drugs

May 18, 2012

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

“By Del Quentin Wilber

Federal prosecutors asked a judge Friday morning to allow them to present evidence that their star witness injected other players with performance-enhancing drugs as they continued to press their perjury case against baseball legend Roger Clemens.

In court papers, prosecutors wrote that they felt it was necessary to seek the introduction of such evidence — which they believe will bolster their witness’s credibility — because defense lawyers have argued that Brian McNamee has “falsely accused” Clemens of having taken steroids and human growth hormone.

U.S. District Judge Reggie B. Walton had ruled that prosecutors could not introduce such evidence because it would be prejudicial to Clemens. But he said last year that he would reconsider his decision, depending on how defense lawyers attacked Clemens’s former strength coach.

Prosecutors wrote that they wanted to introduce such evidence because it would buttress McNamee’s contention that he injected Clemens with performance-enhancing drugs. He has said he injected Andy Pettitte, Mike Stanton and Chuck Knoblauch with such substances, and the players have all confirmed his story.

McNamee first made his allegations to federal agents, then to former senator George Mitchell, who issued a 2007 report on the rampant use of steroids in Major League Baseball. He later reiterated those allegations to Congressional investigators and lawmakers. Clemens is charged with lying to Congress in 2008 when he vehemently denied McNamee’s claims.

The government needs to “rebut defendant’s suggestions that McNamee lied to Special Agent Novitzky, Senator Mitchell, Congress, and this jury to avoid being charged with a crime and to gain fame and fortune as a result of the allegations against defendant, the government should be permitted to show that McNamee provided information about the use of HGH by Major League Baseball players Andy Pettitte, Chuck Knoblauch, and Mike Stanton, who all subsequently admitted to Congress (Pettitte and Knoblauch) or to the grand jury (Stanton, Pettitte, and Knoblauch) that the information that McNamee provided about them was accurate,” wrote prosecutors with the District’s U.S. Attorney’s Office, which is handling the case.

“Pettitte’s, Knoblauch’s, and Stanton’s admissions of their illegal behavior to Congress and the grand jury are the functional equivalent of guilty pleas. In the face of the attacks on McNamee’s credibility, that evidence makes it less probable that McNamee was or is simply lying out of self-interest against defendant and thus is relevant. This evidence specifically rebuts the notion that McNamee was biased out of self-interest in defendant’s case because McNamee’s association with these other players at the time he saved defendant’s medical waste, as well as the fact that he had and shared the information about other players at the time he was dealing with law enforcement, at the time of his publicity relating to what he told law enforcement.”

McNamee, a former Major League strength coach who worked with and for Clemens, started testifying on Monday and told jurors that he injected the seven-time Cy Young Award winner with steroids or growth hormone in 1998, 2000 and 2001. Clemens’s lead attorney, Rusty Hardin, began cross-examining him on Tuesday afternoon and has been hammering the former strength coach about inconsistencies in his story and lies he has told over the years.

That cross-examination continues Friday. Federal prosecutors have said they are going to call 14 more witnesses — though they have refused to disclose whom they intend to next put on the witness stand — in a trial that has already drawn sharp criticism from Walton for its sluggish pace. Walton has repeatedly warned lawyers for both sides that jurors are growing restless. He has already excused two jurors for sleeping.”

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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.