Arguments conclude in Roger Clemens perjury trial

June 13, 2012

CNN on June 12, 2012 released the following:

“By Paul Courson, CNN

Washington (CNN) — Dueling scientists, a former trainer, friends and family are among the witnesses whose testimony a jury will consider as they decide if famed baseball pitcher Roger Clemens lied to Congress during an investigation of steroid use among major league players.

The case against Clemens involves one count of obstruction of Congress, three counts of making false statements and two counts of perjury. He is not charged with illicit use of performance-enhancing drugs, but his denial of such use is part of the case against him.

Federal prosecutor Courtney Saleski, in closing arguments Tuesday, told the jury Clemens “wanted to protect his brand, he wanted to protect his livelihood,” in denying the use of steroids during a 2008 investigation by the U.S. House of Representatives into the problem.

“He did that at the expense of our Congress. He threw sand in their eyes. He stole the truth from them,” Saleski said.

She said a guilty verdict would give that truth back to lawmakers.

The Clemens defense team disputed whether the government has made its case, telling the jury all the evidence came through a former personal trainer, Brian McNamee, who had incentive to lie.

“You saw Brian McNamee, the only witness in the history of the world who says he gave or saw an injection of that man,” said defense attorney Michael Attanasio. “One person in the entire world.” During closing arguments, the defense cited the lack of corroborating witnesses, which they said would be a basis for reasonable doubt against any conviction.

“McNamee defines reasonable doubt,” Attanasio said, because of perceived inconsistencies, retractions and corrections he made while testifying.

After verbally providing instructions to the jury late Tuesday, U.S. District judge Reggie Walton sent the jury back to begin deliberations, while acknowledging they may only have time to select a foreperson before letting them go for the day.

The trial has run longer than envisioned, and one juror was moved to alternate status Tuesday because of a fellowship in Germany for which he must depart next week. An alternate was then sent back to join the others.

It took about eight weeks for the prosecution and defense to question 46 witnesses, and the most direct conflict came among expert witnesses as to how to interpret a collection of discarded medical items that allegedly link Clemens to steroid use.

Soiled medical wrappings, cotton balls, drug vials and hypodermic needles that McNamee kept were interpreted differently by both sides. Witnesses for the government said genetic material linked with Clemens suggested it was impossible for McNamee to fabricate the evidence.

But defense witnesses on the same topic said storage in a beer can for years allowed commingling and contamination of materials, making reliable conclusions impossible, and the evidence nearly worthless.

“If you have garbage at the start, you’ll have garbage at the end,” said defense expert witness Dr. Bruce Goldberger, who said his lab would refuse to test such materials without a solid basis for their storage and handling before analysis.

Prosecution witness Dr. Cynthia Morris-Kukoski, an FBI toxicologist, said it is not up to the toxicology lab to make judgments about the materials submitted for testing, with their job only to determine the substances and any genetic identifiers involved.

Former teammate and friend Mike Boddicker testified as to whether Clemens had ever accepted injections, providing an eyewitness account that he had. “I think it was either 1989 or 1990,” Boddicker said, referring to their time together with the Boston Red Sox, describing that he “came into the training room, and saw Roger bent over the table with his pants down, getting a shot.”

The vial, Boddicker said, was clearly marked “B-12” a substance said to provide a pick-me-up after a game or workout.

This is the second trial for Clemens. A year ago, a mistrial was declared before the case reached the jury. The government’s lawyers played video evidence the judge had already banned. Prosecutors said it was an editing mistake, but the Clemens defense team suggested prosecutors were unprepared and had gotten off to a bad start.

“This was a mistake, a regretful mistake,” government attorney David Goodhand said in September in arguing for a new trial. But Walton blasted prosecutors for letting inadmissible evidence be shown.

“I would hate to believe they just blatantly disregarded rulings that I made, but it’s hard for me to reach any other conclusion,” Walton said, before rejecting a defense request that he dismiss the indictment entirely. After consideration, Walton then ordered the new trial.

Several pretrial hearings this time included protests from defense attorneys that the prosecution was trying to take advantage of having heard the initial opening statement last summer by the defense. In the latest trial, defense attorneys expressed concern that prosecutors were trying to “do over” certain efforts the defense may have refuted.

Deliberations Wednesday were set to begin at 1:30 p.m.”

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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.


Debbie Clemens to back up husband on HGH shot

June 8, 2012

Associated Press on June 8, 2012 released the following:

“By FREDERIC J. FROMMER
Associated Press

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Federal Crimes – Be Careful

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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.


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:

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: Federal prosecutors rest their perjury case

May 30, 2012

The Washington Post on May 29, 2012 released the following:

“By Del Quentin Wilber and Ann E. Marimow

Federal prosecutors on Tuesday rested their perjury case against retired baseball star Roger Clemens, having elicited testimony from 24 witnesses — on topics ranging from performance-enhancing drugs and vitamin injections to a “booty shot” and a crumpled beer can.

The trial already has gone far longer than the four to six weeks prosecutors estimated when they began picking jurors on April 16. Since then, a parade of witnesses — ranging from New York Yankees pitcher and former teammate Andy Pettitte and athletic trainers to a colorful steroid dealer and forensic experts — have testified about Clemens, his career and whether he took steroids or human growth hormone. Prosecutors allege Clemens lied when he denied to Congress in 2008 that he had never taken performance-enhancing drugs.

Clemens has challenged those allegations and his lawyers began presenting their case to jurors Tuesday that the pitcher became a superstar by working hard, not taking drugs. Their first witness, a high school teammate of the future “Rocket,” testified that Clemens trained so intensely that he blazed a trail in the outfield grass while doing running drills.

Another defense witness, a college teammate, described Clemens’s “diligent, disciplined” routine. “Roger had made up his mind he was going to be successful,” said Mike Capel. “He worked extremely, extremely hard to earn everything he had.”

Defense lawyers have indicated they expect to present seven or eight days of evidence to jurors. One of those witnesses might be Clemens’s wife, Debbie, who is expected to testify that she took human growth hormone, not her husband.

Before resting their case, federal prosecutors called a financial consultant to testify in the hopes of buttressing the credibility of Brian McNamee, Clemens’s former strength coach. McNamee, a key but troubled witness, has alleged he injected Clemens with steroids or human growth hormone in 1998, 2000 and 2001. The financial consultant, Anthony Corso, was also one of McNamee’s clients and testified that the strength coach told him in 2002 or 2003 that Clemens had used human growth hormone to help him recover from workouts.

Corso also testified that McNamee told him in 2005 that he had kept syringes from injections he gave ballplayers so the strength coach would not “get thrown under the bus.” McNamee added that he kept the syringes in a beer can that he put in a box, the financial consultant testified.

Corso testified that he worked out with McNamee from 2002 through 2007 and took growth hormone on McNamee’s recommendation.

McNamee turned over the beer can and box of medical waste to authorities in 2008. Forensic scientists have testified that Clemens’s DNA and steroids were discovered on a needle found in the box — but outside the beer can. The pitcher’s DNA also was discovered on bloody cotton swabs in the can, an expert said. Clemens’s lawyers have assailed the evidence as “garbage” and argued that it could have been contaminated.

The pitcher’s lawyers scored a minor legal victory when U.S. District Judge Reggie Walton agreed to dismiss two of 15 acts that constitute a charge of obstruction of Congress. Even so, jurors only must find that he committed one of those remaining 13 acts to convict him of that charge. Walton declined to dismiss any of the other five charges of perjury or making false statements.

In other developments, a third juror was dismissed from the panel because her mother died last week. That leaves 12 jurors and one alternate to finish out a trial that has already reached extra innings.”

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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 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

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 hears FBI witness describe handling of needles

May 8, 2012

MySanAntonio.com on May 7, 2012 released the following:

“By Stewart M. Powell and Regina Garcia Cano

WASHINGTON — Prosecutors on Monday tediously chronicled the shipment, handling and testing of medical waste allegedly containing DNA from former pitcher Roger Clemens in a bid to show he used performance-enhancing drugs before allegedly lying about it to Congress.

Though even U.S. District Judge Reggie Walton urged government lawyers to speed it up, federal prosecutor Steve Durham methodically questioned FBI special agent John Longmire to describe the treatment of needles, cotton balls and vials allegedly used by Brian McNamee to inject the legendary pitcher with the controversial substances.

Prosecutors are banking that subsequent testimony by lab technicians will establish that medical waste retained by McNamee for more than seven years contains both Clemens’ DNA and outlawed performance-enhancing drugs such as anabolic steroids or human growth hormone.

Clemens, 49, a seven-time Cy Young Award winner, has not been charged with using performance-enhancing medications that are banned without a doctor’s prescription. But prosecutors are trying to use the medical waste and McNamee’s expected testimony as early as today to show that Clemens used the medications — a first step in the prosecution’s effort to prove that Clemens had lied to Congress in 2008 when he denied using anabolic steroids or human growth hormone.

Longmire’s detailed accounting for the medical waste Monday focused on at least three needles, one syringe, two cotton swabs, two cotton balls, gauze pad and at least two sheets of Kleenex. Some of the waste had been stored by McNamee in an empty Miller Lite beer can for at least seven years; other items of the waste had been loosely stored before McNamee turned all of the medical waste over to federal authorities in January 2008.

Prosecutors contend the medical waste stems from McNamee injecting Clemens with performance-enhancing drugs on multiple occasions between 1998 and 2001 before players were subjected to mandatory random drug testing.

Clemens’ defense team sought to undermine the FBI agent’s testimony with repeated questions about just how carefully agents handled individual items of medical waste.

“During the time you had custody of the evidence you didn’t do anything untoward to that evidence?” defense lawyer Michael Attanasio asked Longmire. The FBI agent said he had not.

Attanasio sought to use Longmire’s testimony to call into question McNamee’s handling of the forensic evidence before he turned it over to federal authorities.

“Did you ever seal medical waste in an open container like a beer can?” Attanasio asked.

Longmire replied: “I have not done that. That is not what they trained us to do.”

Longmire acknowledged that some items were only tested by the FBI lab while others also were tested by two private independent medical labs in California.”

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

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.


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:

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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: Jurors hear Clemens’s denials; defense seeks to admit unflattering accounts of McNamee

May 1, 2012

Washington Post on April 30, 2012 released the following:

“By Ann Marimow
Defense attorneys in the perjury trial of legendary pitcher Roger Clemens attacked the government’s presumptive star witness Monday, saying trainer Brian McNamee’s past contains “more dirt than a pitcher’s mound.”

That line came in a filing from lead defense attorney Rusty Hardin, whose team objected to the prosecution’s efforts to keep out information about McNamee’s troubled background.

Clemens, on trial in the District’s federal court for allegedly lying to Congress when he denied using performance-enhancing drugs during a 2008 hearing, faces up to 30 years in prison. Federal prosecutors want to preclude unflattering and potentially damaging information about McNamee, who is expected to testify that he injected Clemens with steroids on numerous occasions.

They want U.S. District Judge Reggie Walton to declare the information “off-limits” to prevent the defense team from asking McNamee about it during his cross-examination.

The defense wants to allow the jury to hear evidence of McNamee’s alleged drug problem, financial struggles, blemished record as a New York City police officer and his involvement in a criminal investigation in Florida. McNamee lied to authorities in a 2001 investigation involving the sexual assault of an unconscious woman at a St. Petersburg hotel.

“There is no question that Mr. McNamee committed obstruction of justice…the very crime the government seeks to convict Mr. Clemens of in this case,” according to Clemens’s lawyers.

In the courtroom Monday, federal prosecutors played recordings of Clemens’s denials in his interview with Congressional staffers and his testimony to Congress while the former All-Star took copious notes on a legal pad.

The defense sought to challenge the legitimacy of the 2008 Congressional hearing that examined whether Clemens had used performance-enhancing drugs. Clemens’s lead lawyer quizzed the committee’s former staff director, Phil Barnett, about whether Clemens appeared voluntarily.

“Putting him up there next to his accuser and trying to let the world decide right or wrong is not a legitimate function of Congress,” Rusty Hardin said in an exchange with Judge Walton out of earshot of jurors. “It was solely to get Roger Clemens.”

Barnett said Congress was trying to reconcile a report by former senator George Mitchell that named Clemens and other ballplayers as steroid users with Clemens’s public denials.

In the taped interview, Clemens was quizzed about his relationship with McNamee, his former strength coach. McNamee told Congress that he injected Clemens on several occasions with steroids, but Clemens said the injections were vitamins.

Clemens was asked in his deposition with the House Committee on Oversight and Government Reform why McNamee, not a team doctor, was injecting him, and whether the shots could have been tainted with steroids.

“I have no reason to believe he was doing anything harmful,” Clemens said, later describing McNamee as “great.”

Clemens also described in detail his account of the use of human growth hormone known as HGH by his wife, Debbie, who he said was injected by McNamee in the bedroom of the couple’s Houston home. Clemens said he was not at home at the time, and was concerned that McNamee had “drugs on the property.”

Clemens said he rifled through McNamee’s belongings, which the trainer had left behind, but did not find any HGH.

“Deb cried about it; she apologized to me about it,” Clemens said. “It’s embarrassing because she thinks she’s been pulled into a trap.”

Clemens’s account is at odds with McNamee’s story that Clemens was present when McNamee gave his wife the shot.”

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

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.


Federal Prosecutors: Clemens wove a ‘tangled web of lies’

April 24, 2012

Houston Chronicle on April 23, 2012 released the following:

“By Stewart M. Powell and Regina Garcia Cano

WASHINGTON – Federal prosecutors on Monday portrayed Roger Clemens as a man who tainted his legendary baseball success story with lies, deceit and betrayal, ending with a grand finale of dishonesty when he lied to the nation and Congress.

In a 65-minute opening statement to the jury of 10 women and six men, prosecutor Steve Durham said the retired multimillionaire pitcher wove a “tangled web of lies” to cover up his use of performance-enhancing drugs during a distinguished career.

And as much as Clemens angled to stay one step ahead of legal scrutiny over a 10-year-period, prosecutors contend, he was nevertheless indicted on six felony counts of lying to Congress in 2008.

Clemens had a choice between coming to Washington, D.C., and telling the truth to Congress “and admitting some mistakes along the way – or to lie,” Durham declared. “He made that choice to become entrapped in a web of his own making. He couldn’t get out of it, and that’s why we’re here.”

Clemens’ first trial on the charges ended in a mistrial last year, after prosecutors introduced banned evidence.

His lead defense lawyer, Rusty Hardin, elected to deliver his opening statement Tuesday. Defense lawyers have insisted the high-profile congressional hearing in 2008 was little more than a “show trial” designed to pit Clemens’ account against contradictory testimony by former strength coach Brian McNamee to set the stage for perjury charges against Clemens.

Maintains innocence

Clemens insists he never used steroids, never lied to Congress and did not impede any aspect of the congressional inquiry into Major League Baseball’s so-called “steroid era.”

His lawyers contend Congress had no legitimate legislative purpose for convening the high-profile inquiry launched by Rep. Henry Waxman, D-Calif., then chairman of the panel.

The prosecutor’s opening argument Monday afternoon followed rival lawyers’ jockeying over the scope of testimony by a variety of prospective witnesses, including pitcher Andy Pettitte and congressional staffer Philip Barnett.

U.S. District Judge Reggie Walton handed a victory to the defense team by excluding potential “guilt by association” testimony by Pettitte that he obtained human growth hormone from McNamee, the same strength coach who claims to have injected Clemens.

On the other hand, Walton ruled congressional staffer Phil Barnett, former chief of staff of the House Committee on Oversight and Government Reform, could testify about Congress’ purpose for convening the wide-ranging inquiry that ensnared Clemens.

Durham told jurors that Barnett would help establish that Congress was looking into the “role model effect” of professional athletes using anabolic steroids and not targeting Clemens.

Of the 16 jurors drawn from the District of Columbia during a four-day screening process, 10 are African-American and six are white. When questioned during jury screening, many said they hadn’t heard of Clemens.

Jury’s Houston ties

Two members of the panel have ties to Houston. A former Houston elementary schoolteacher who graduated from Texas Southern University with the late Rep. Mickey Leland, D-Houston, subsequently moved to Washington for a career in management. Another juror was a 1986 Rice University graduate who went on to attend Yale School of Management before serving as a senior U.S. Treasury official on risk assessment for institutions, exchanges and insurers.

Clemens’ wife, Debbie, sat in on the morning session but was ordered from the courtroom by Walton during opening arguments because she is expected to be a witness in the trial.”

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

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal 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 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.