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
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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.


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:

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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.


Rep. Darrell Issa won’t testify in Roger Clemens trial

June 5, 2012

The Washington Post on June 4, 2012 released the following:

“By Del Quentin Wilber and Ann E. Marimow,

A powerful congressman will not be forced to testify in the perjury trial of baseball legend Roger Clemens, a judge ruled Monday, siding with federal prosecutors and lawyers for the House of Representatives.

Clemens’s defense team had subpoenaed Rep. Darrell Issa (R-Calif.), chairman of the House Committee on Government Oversight and Reform, to take the witness stand about 2008 hearings in which the former pitcher testified; Clemens is accused of lying during those hearings and to congressional investigators when he denied having ever used performance-enhancing drugs.

Court papers from both sides foreshadowed a titanic constitutional clash during arguments Monday, but U.S. District Judge Reggie Walton decided the matter on narrower grounds. He ruled that Issa would probably not have been able to provide “competent” testimony about the decision-making process used by legislators to hold the hearing. Issa was not even the ranking Republican on the committee in 2008.

The judge also said he was concerned that allowing defense lawyers to call Issa would lead to a “swearing match” as lawmakers offered their impressions of the relevance of Clemens’s testimony and the legitimacy of the proceedings.

Prosecutors must prove that Clemens’s alleged lies were “material,” or relevant to Congress’s work, and that the hearing served a legitimate legislative purpose.

The defense team has called the hearing a “show trial” designed to garner publicity, and Issa had been extremely critical of the proceeding, essentially calling it a witch hunt. Clemens’s attorneys hoped that Issa would echo those comments on the witness stand.

House lawyers sought to block Issa’s testimony, arguing that the lawmaker was too busy and was protected by a relatively obscure provision of the Constitution known as the “speech or debate” clause that is designed to shield lawmakers from interference with their official duties by other branches of government. Clemens’s lawyers countered that their client’s right to a fair trial and to confront his accusers trumped such protections.

Though Walton did not rule on the constitutional questions, he said he would likely have ruled that Issa was protected by the “speech or debate” clause.

Legal experts said last week that they expected Walton to rule in favor of House lawyers, though they noted that the showdown highlighted a central absurdity of the trial: Lawmakers, the alleged victims who requested the Justice Department investigation, have elected not to testify at Clemens’s trial on charges of perjury, obstruction of Congress and making false statements. Instead, the committee tapped a top staffer to tell jurors that the hearings were a proper use of congressional power.

Issa has aggressively used his own subpoena power to investigate the Justice Department and complained that the attorney general has not fully complied with his demands.”

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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.


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.


Roger Clemens trial: Prosecutors seek to authenticate physical evidence used against pitcher

May 22, 2012

The Washington Post on May 21, 2012 released the following:

“By Ann E. Marimow and Del Quentin Wilber

Federal prosecutors delved into the nitty gritty of the distribution, design and freshness of Miller Lite beer cans Monday as they sought to authenticate the physical evidence being used against star pitcher Roger Clemens in his perjury trial in the District’s federal courthouse.

A crushed beer can has played something of a leading role in the trial: Clemens’s former strength coach and chief accuser, Brian McNamee, used one to store needles, cotton balls and gauze he said he used to inject the baseball legend.

McNamee, who testified for a sixth and final day Monday, has said he recovered the can from Clemens’s recycling bin after injecting him with performance-enhancing drugs at his Manhattan apartment in 2001.

Displaying a chart that showed the evolution of the blue-and-gold Miller Lite can since the 1970s, government lawyers used the testimony of a beer company manager to try to back up McNamee’s assertion by putting a date on the can.

MillerCoors manager Anthony Manuele testified about the “freshness code” on the can in question and determined that it was filled in July 2001 at a North Carolina brewery and would have hit retail shelves in August.

On cross-examination, Clemens’s lawyer Rusty Hardin tried to raise doubt about McNamee’s story and pointed out that the company’s distribution map meant that the strength coach could have purchased the can in his home town of Breezy Point, N.Y.

Manuele’s testimony showed the lengths prosecutors have gone to try to authenticate evidence against Clemens, who is charged with perjury, making false statements and obstruction of Congress for denying to a House panel in 2008 that he had ever used performance-enhancing drugs. Congress was following up on a 2007 report by former senator George Mitchell that named dozens of ballplayers, including Clemens.

Government lawyers have already called a U.S. Postal Service employee to try to establish the likely date of a shipping receipt from steroid supplier Kirk Radomski to McNamee at Clemens’s Houston home.

The trial, now in its sixth week, again featured testimony from McNamee, who said Monday that he had supplied several big league ballplayers with performance-enhancing drugs and shared that information with law enforcement officials.

McNamee’s testimony regarding other ballplayers and performance-enhancing drugs was intended to suggest that he was not out to get Clemens when he began confiding in federal agents in 2007.

Defense attorneys for Clemens had opposed allowing McNamee to testify about the other players because of concerns about “guilt by association.” But U.S. District Judge Reggie Walton ruled that the government could introduce the information as a way to bolster McNamee’s credibility.

Last week, McNamee endured aggressive questioning by Hardin, Clemens’s lead attorney. He was forced to acknowledge that his story about injecting the baseball legend had evolved over time and that he had lied to federal agents and, separately, to police in a Florida criminal investigation.

But McNamee has largely remained unapologetic about his changing story. McNamee said Monday that he was loyal to Clemens and had no incentive to damage his employer’s reputation. The strength coach agreed to cooperate with federal agents, he said, to try to avoid getting in trouble for distributing the banned substances.

He told authorities about his involvement with several players, including pitchers Mike Stanton and Andy Pettitte and infielder Chuck Knoblauch. Earlier in the trial, Pettitte gave conflicting testimony about his memory of a conversation with Clemens about human growth hormone.

Before leaving the stand, McNamee said he regretted helping Clemens with performance-enhancing drugs. McNamee said he had become unemployable, ruined his marriage and his relationship with his children.

“I shouldn’t have gotten involved. I should have just educated and left it at that. I shouldn’t have enabled,” he said.

Prosecutors and defense attorneys also questioned a neighbor of Jose Canseco, Clemens’s former teammate. Alexander Lowrey was 11 years old at the time he attended a 1998 pool party at Canseco’s home, where he had his picture taken with Clemens.

McNamee alleges that Clemens and Canseco talked about performance-enhancing drugs at the party, but defense lawyers suggested that Clemens was playing golf during the time that McNamee attended.

Lowrey was questioned in an attempt to establish whether Clemens and McNamee could have been at the party together. Under cross-examination, Lowrey conceded to Hardin that he was uncertain of the date of the party or the exact times that he was there, raising questions about the timing of the conversation McNamee claimed to have observed.”

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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.


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.