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:

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.


Roger Clemens trial: Yankees GM Brian Cashman testifies favorably on pitcher’s work ethic

May 11, 2012

The Washington Post on May 10, 2012 released the following:

“By Ann E. Marimow and Del Quentin Wilber

New York Yankees General Manager Brian Cashman testified in federal court Thursday that he never suspected Roger Clemens had used performance-enhancing drugs, calling him a fierce competitor and hard worker who was determined to win.

Cashman, the team’s GM during Clemens’s time with the Yankees, was the latest prosecution witness to testify favorably about the pitcher’s character and work ethic during his trial on charges he lied to Congress in 2008 when he denied using steroids or human growth hormone (HGH).

“No one worked harder than Roger Clemens,” Cashman told jurors on cross-examination by Clemens’s lead defense attorney, Rusty Hardin. “He was determined to win. He was off the charts in work ethic and desire.”

“He was the kind of player who could put a team on his shoulders and say ‘follow me,’ ” Cashman added, explaining why he traded for Clemens in 1999 even though the Yankees had just won the World Series.

Prosecutors summoned Cashman to testify about why he hired one of Clemens’s former strength coaches to join the Yankees a year after “The Rocket” signed with the New York ball club. Federal prosecutors allege that the coach, Brian McNamee, injected Clemens with steroids and HGH in 1999, 2000 and 2001.

Cashman, who played baseball at Georgetown Prep and Catholic University, testified that he saw Clemens in the clubhouse after a poor performance against the Yankees’ rival Boston Red Sox in the 1999 playoffs. Clemens didn’t last three innings in giving up five runs on six hits, and Cashman conceded the pitcher had gotten “bombed” on the mound.

In the locker room, Cashman spotted Clemens with the pitcher’s leg wrapped in ice because he had aggravated a nagging hamstring injury. After Cashman asked how he felt, Clemens asked the GM to hire McNamee, who had worked with Clemens on his previous team, the Toronto Blue Jays.

“He broached the subject of McNamee,” Cashman said. “He clicked with McNamee; he knew his body, knew how to train him, how to push the right buttons.” McNamee, who could testify as early as Monday, joined the Yankees the next season, Cashman said.

Prosecutors have assiduously attempted to craft a narrative of Clemens as an aging star who needed steroids and growth hormone to recover from injuries and workouts to keep pitching at a competitive level. And they believe that moment in the Fenway Park locker room was evidence of a broken Clemens seeking help from an old friend who had injected him with steroids a year earlier.

But Cashman and other prosecution witnesses — including Clemens’s former doctors, trainers and even a steroid dealer — have all testified that Clemens was the hardest-working baseball player they knew.

Defense lawyers say that Clemens never took steroids or growth hormones and was a success on the field because he toiled to improve his strength and fitness. During cross-examination, they pointed out that Clemens won the deciding game of the 1999 World Series about a week after the loss in Boston.

“He gutted it out,” Cashman said, explaining that the pitcher took the mound despite an injury that would have sidelined others.

Clemens, who won a record seven Cy Young awards, would go on to pitch successfully through the 2007 season.

But Cashman expressed reservations about McNamee and the hiring arrangement.

Cashman said it was unusual for the Yankees to hire a strength coach to work specifically with one player, and that he was uneasy about hiring McNamee. As part of the arrangement, Cashman said, McNamee’s $30,000 salary — or a portion of it — was supposed to be reimbursed by Clemens.

Clemens is charged with committing perjury, making false statements and obstructing Congress in 2008 when he denied using performance-enhancing drugs during a nationally televised hearing. The hearing was sparked by a 2007 report by former senator George Mitchell that exposed rampant steroid use in Major League Baseball.

As part of their case, prosecutors allege that Clemens obstructed Congress when he told House investigators in a deposition that he was routinely injected with the vitamin B-12 by his strength coach and that syringes of the liquid vitamin were “lined up ready to go” after games.

Cashman and a doctor for another one of Clemens’s teams, the Houston Astros, testified Thursday that McNamee and other strength coaches would not have had access to or the authority to give such injections. And they testified that they never saw pre-loaded needles in the clubhouses of their respective teams.”

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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 resumes with more from federal agent

May 7, 2012

The Wall Street Journal on May 7, 2012 released the following:

“Associated Press

WASHINGTON — Federal agent Jeff Novitzky returns for a third day of testimony Monday in the Roger Clemens perjury trial, while behind the scenes Clemens’ lawyers sought to strike the testimony of former teammate Andy Pettitte.

Last week, Pettitte testified that Clemens told him he had tried human growth hormone, only to say under cross-examination that he might have misunderstood Clemens. As expected, Clemens’ lawyers filed a motion asking that the jury not be allowed to consider the conversation between the two pitchers.

Pettitte said that it was “fair” to say that there was a 50 percent chance he misunderstood Clemens, his friend and one-time mentor.

“The court should not allow the jury to consider an alleged ‘admission’ that has all the weight of a coin flip,” Clemens’ lawyers wrote in a filing Monday morning, before the resumption of the trial.

Clemens is accused of lying to Congress in 2008 when he denied using HGH and steroids.

Meanwhile, the government will conclude its re-direct questioning of Novitzky, an agent with the Food and Drug Administration. He has already been questioned by the government and cross-examined by Clemens’ lawyer.

Last week, Novitzky described the physical evidence he had collected from Clemens’ former strength coach, Brian McNamee. Prosecutors will try to prove the evidence shows the former baseball pitcher used steroids and human growth hormone.

Clemens’ lawyers have said they will contend that the evidence has been tainted and contaminated.

McNamee is expected to testify later this week, perhaps as early as Tuesday.

Prosecutors got off to a rough start Monday, when U.S. District Judge Reggie Walton told them they could not play a clip of a 2008 Clemens’ “60 Minutes” interview for the jury. In the clip, Clemens says he was advised by counsel not to talk to former Sen. George Mitchell, who was investigating performance-enhancing drugs in baseball and would identify Clemens as a user in his report to Major League Baseball.

After the interview aired, Clemens testified to Congress that he didn’t know that Mitchell wanted to talk to him. Prosecutors wanted to show the “60 Minutes” clip in an attempt to show Clemens was obstructing Congress, arguing the two statements were contradictory. But Walton said the clip could not be played without interfering with the attorney-client privilege. He also said it was possible Clemens was told generally by lawyers not to talk to Mitchell, without actually informing the pitcher that Mitchell wanted to talk to him.”

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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.