Someone has to lose here. Clemens’ reputation as the greatest pitcher of his time–and what was once a certain Hall of Fame plaque–are on the line, and federal prosecutors are desperate to save face and justify their eight-year investigation which was said to be approaching $100 million (Should Steroid Investigator Jeff Novitzky Be Punished Before Barry Bonds? - National MLB | Examiner.com) last December, and now must be ready to surpass $120 million. All this just to nail a big league star?
The feds are at bat with an 0-2 count. The first strike came in December, when the federal government missed the deadline (MLB players' union: End of drug case 'significant victory' - ESPN) to ask the Supreme Court to review a damning decision by the 9th Circuit U.S. Court of Appeals in San Francisco.
The 9th Circuit had ruled that in April 2004, federal agents investigating BALCO (Bay Area Laboratory Co-Operative) illegally seized the samples and test results of an anonymous drug survey among major league ballplayers. You remember, those shocking revelations that Sammy Sosa, Alex Rodriguez, Manny Ramirez, and David Ortiz had used performance-enhancing drugs? That’s where the leaks of those players’ names to the New York Times and Sports Illustrated came from. How do we know? Because that’s the only place they could have come from. Other than the Players Association and the commissioner’s office, only the feds had the results of the tests, which were taken to determine the extent of drug use in baseball. (And it was in the union’s and MLB’s interest not to leak any information on the subject, not to mention they would have been in violation of national labor law if they had disclosed any results.)
Long story short: there’ll be no more leaks concerning baseball’s biggest drug survey since the samples were destroyed as soon as the ruling came down. And a tantalizing fact seems to have escaped everyone is that, logically, Clemens’ name must not be among the 103 now known to have tested positive for PEDs. How do we know? Well, who could possibly have resisted leaking his name if his test results had proven otherwise?
Evan Vucci, File / AP Photo
Strike 2 for the feds came in April when a San Francisco jury could not reach unanimous verdicts on three counts of perjury against baseball’s all-time home run king, Barry Bonds. Bonds was convicted on one count, obstruction of justice, but that’s not likely to hold up under appeal, which is currently under way. Even if it sticks, it’s doubtful that Bonds will get hit with anything worse than an ankle bracelet at home for a few months.
In baseball terms, Bonds walked.
So now we come to Roger Clemens, seven-time Cy Young winner as best pitcher (just as Barry Bonds was a seven-time Most Valuable Player) and the only player named in the 2007 Mitchell investigation on drug use in baseball) who dared to publicly criticize the report. (On what evidence was Clemens named in the report? Since it was a private investigation, the accused man actually had to go to court (Clemens can see evidence against him) to see the evidence against him.)
That’s Clemens’ sin, and everyone knows it. That’s not to say that he didn’t take some kind of PED, but assuming he did, no one has so far been able to tell us why it matters–or why, at least, it matters to the federal government. There is no accusation that anything Clemens took (if he did) was illegal or even that the substance violated any rules of Major League Baseball. (The purpose of the 2003 testing was to gather information for the Basic Agreement between the players union and MLB; the substances in question weren’t banned until the 2004 season.)
But Major League Baseball must have its big dog-and-pony-show to prove it cares about drugs so that Congress won’t threaten its precious exemption from antitrust laws–which is what all these drug investigations were about in the first place–and the federal government, apparently having nothing more important to spend its time and money on, is now desperately seeking a win to justify what has been up to now an expensive and embarrassing exercise in futility.
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The sports press has been so hostile toward Clemens for his surliness and arrogance (toward them, at least) that they have been pretty much willing to give McNamee a hall pass.
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What are their chances?
Well, don’t put any stock in the much-publicized notion that the prosecution is going to come up with a surprise witness who will have a drastic impact on the trial. Former Yankee Chuck Knoblauch will probably give his opinion that the Mitchell Report was accurate when it named him as a PED user, and that he believes personal trainer Brian McNamee when he says that Clemens got drug injections from him. We’ve known this since February 2008, when McNamee testified (Brian McNamee tells House Committee he injected Roger Clemens with steroids, HGH - USATODAY.com) to the Committee.
There has been some much-publicized nonsense (Steroid Nation: Roger Clemens) about whether Clemens attended a party at Canseco’s Miami home in 1998 where McNamee was also present. Canseco doesn’t remember Clemens being there; two other guests recall that he was. (Does anyone remember whether they served Alice B. Toklas brownies?) Who cares?
C.J. Nitkowski, a former pitcher, remembers (C.J. Nitkowski says he talked with FBI - ESPN) a workout session where Yankees pitcher Andy Pettitte said that Clemens told him [Petitte] he had used human growth hormones. But Nitkowski told the New York Daily News years ago that he never saw Clemens use any banned substances. That’s hearsay on hearsay.
The syringes McNamee suddenly produced in 2009 that he said he “saved” after injecting Clemens? Well, the Washington Post (Clemens's DNA Is Linked to Syringes) reported that although DNA linked to Clemens was identified, there still has been no announcement whether the syringes contained any drug substances. (Clemens insists (Baseball's Steroid Era: Roger Clemens Grand Jury News, DNA Tests, CJ Nitkowski) that the only shots McNamee gave him were Vitamin B12.) And even if they did, who’s going to give credence to so-called “evidence” that have been around for more than 10 years before being submitted to tests?
How about Clemens’ pal Andy Pettitte? Pettitte is expected to testify that Clemens acknowledged using human growth hormones sometime in 1999 ... or was it 2000? Clemens has already replied to Pettitte’s statement, saying that he must have been referring to the HGH shots his wife Debbie received. Those who want Clemens punished have been eagerly awaiting Pettitte’s testimony, but they seem to have forgotten that back in 2008, Pettitte said in a sworn affidavit (Pettitte talked with Clemens about using HGH 10 years ago - MLB - ESPN) to Congress that Clemens told him he had used HGH, but Pettitte was such a bad witness that the House Committee of Oversight and Reform did not call him to testify in the hearings.
Afterward, the committee’s chairman, Rep. Henry Waxman (D-Ca) and the committee’s ranking Republican, Rep. Tom Davis (R-Va) released a statement that “Mr. Pettitte’s testimony at the hearing is not needed.” ESPN reported that Pettite was a vague witness who gave inconsistent testimony. Davis would only say that “no ballplayer in their right mind wants to come up in front of a congressional committee ... it wasn’t like he could add anything.” Could Pettitte’s memory have gotten drastically better in three years? Not likely.
This leaves the same number of genuine witnesses against Clemens now as there were three years ago, when he protested against the Mitchell Report: one, his former trainer, Brian McNamee. If anyone really thinks that the trial will come down to anything other than the question of whether a jury believes Roger Clemens or Brian McNamee is telling the truth, he or she is delusional.
The sports press has been so hostile toward Clemens for his surliness and arrogance (toward them, at least) that they have been pretty much willing to give McNamee a hall pass. Clemens’ lawyers won’t be so tolerant, and they have plenty of ammunition to work with. The man is, after all, a former drug dealer who has changed his story about his clients several times over the years when it worked in his favor.
In September 2000, McNamee wrote a letter to New York Times (‘Juiced’ Ghostwriter: I Told You So - New York Times) denying that Clemens ever took PEDs; then, with his own skin on the line, he did a complete turnaround in the Mitchell report seven years later. And that makes up only part of the cloud that hangs over McNamee.
In 2001, McNamee was suspected of and questioned about an ugly incident (Roger Clemens' lawyers claim sexual-assault probe gave Brian McNamee motive for PED claims) in which a woman in a pool at a Florida hotel was drugged and raped. No charges were brought, but police reports stated clearly that investigators thought McNamee had lied to them. (He later claimed that he had lied in order to shield certain Yankee players from prosecution.) What a guy. Always ready to take one for the team.
It’s always foolish to try to guess what a jury is going to decide, but after following this insanity for three years, my guess is that by the time Clemens’ attorneys finish making a Swiss cheese out Brian McNamee’s credibility, federal prosecutors, Major League Baseball, and Roger Clemens himself, whether or not he is exonerated, will wish they had let it go back in 2007.
July 3, 2011 12:43pm
Roger Clemens Steroids Trial: 5 People To WatchNews, Roger Clemens, Clemens Steroid TrialRoger Clemens Steroids Trial: 5 People To Watch<P>Did Roger Clemens lie about taking steroids? He goes on trial to find out.</P>0
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Did Roger Clemens lie about taking steroids? He goes on trial to find out.
News, Roger Clemens, Clemens Steroid TrialRoger Clemens Steroids Trial: 5 People To Watch<P>Did Roger Clemens lie about taking steroids? He goes on trial to find out.</P>
0Did Roger Clemens lie about taking steroids? He goes on trial to find out.
Roger Clemens goes on trial today to testify that he did not lie to a congressional committee about taking PEDS, specifically HGH or steroids. His trainer, Brian McNamee told a different story, one of supplying Clemens with steroids for years. And since there's not much else to keep people's interest in sports right now (woman's WOrld Cup, anyone?) it's the dominating story in today's news cycle. Here are a few people to watch as this trial unfolds:
1. Brian McNamee
He's the key to this entire trial. Clemens' former trainer is the key witness to this entire process, and while he has a great deal of evidence on his side, he also has many problems. Despite having terrible hair, he was once accused of rape in 2001, but wasn't tried because the woman refused to go through with a forensic examination (she was given GHB, the date rape drug). He's also claimed to be a doctor in the past (which isn't true). He has a history of lying, so the prosecution will try to persuade the jury that this is another example of his untruths.
2. Andy Pettitte
The flipside to Brian McNamee. Andy Pettite, who is known as being a very moral person admitted to using HGH to help him come off an injury in 2002 and 2004. He has told investigators that he saw Clemens use steroids. While McNamee has a troubled past, Pettitte is squeaky clean. He has no reason to lie and throw his friend under the bus and will be the defense's hardest witness to poke holes in.
3. Kirk "Murdoch" Radomski
A former Mets clubhouse assistant who has admitted to supplying hundreds of major league baseball players with anabolic steroids. He turned his 25 year sentence into 5 years probation for his cooperation with the infamous Mitchell Report. His main evidence in this trial is that he has a receipt for sending HGH to Clemens home. Why someone would keep a receipt for HGH is anyone's guess.
4. Russell "Rusty" Hardin
Clemens' super slick lawyer. Watching this guy work a courtroom is like watching Manet paint lily pads. According to news reports, he once received a thank you note from a juror. He will do his best to make McNamee look like a liar, make Pettitte look like he has a bad memory, and make Radomski look like a degenerate looking to get out of a quarter century in prison. And since this man could sell ice water to eskimos, he just may be able to do it, despite the overwhelming evidence against Roger.
5. Derek Jeter
What does Derek Jeter have to do with this trial. More than you might think. Remember the pre-steroid era when athlete's aged and their numbers went down? That's exactly what is happening to Derek Jeter, a player who has never been linked to steroid use. As Jeter goes for his 3,000th hit, he is taking flack from fans and the media about his dwindling skills. It seems as though we're forgetting that this is exactly how the end of a player's career should look. If you look at Clemens numbers (as well as Barry Bonds' and many other players accused of steroids) his numbers actually improved as he got closer to 40. Kind of makes you think, doesn't it.
Why does the Government insist on wasting time and money on something they have no business being involved with? This is the sport of baseball's issue to deal with. It has it's own rules and punishment for those who incur infractions to said rules.
What sport is Congress going to stick their noses into next? Are they going to prosecute a winning boxer for assault?
Why does the Government insist on wasting time and money on something they have no business being involved with? This is the sport of baseball's issue to deal with. It has it's own rules and punishment for those who incur infractions to said rules.
What sport is Congress going to stick their noses into next? Are they going to prosecute a winning boxer for assault?
Not in the U.S., but there was a referee who was questioned by police over his possible responsibility in the death of a Chinese boxer, Cho-Hi, though. The question was whether the ref called the fight too late to prevent mortal damage to the fighter.
The fight took place in Tokyo, Japan. Cho-Hi died of a brain injury.
Yeah, the government seems to choose the most illogical cases to get themselves involved in. It's like they want the fame that this case will give them, no matter how much $$ they have to blow in the meantime. Thats politics for ya
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