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Tuesday, February 19, 2008

Andy Pettitte to be star witness in Roger Clemens’ suit vs. Brian McNamee

Andy Pettitte took great pains Monday to say he hopes his role in the ongoing feud between Roger Clemens and Brian McNamee is over. But according to McNamee’s lawyers, it may be just beginning.

McNamee attorney Richard Emery said Pettitte will be a central witness in the defamation suit Clemens filed last month against his former trainer. Pettitte may be required to sit for depositions and meet with his own attorneys - even as the Yankees prepare for spring training and the 2008 season.

“If I were Andy Pettitte, I would be furious at Roger for filing this case, because Clemens is now pursuing a frivolous defamation case against Brian, who will be forced to have his lawyers grill Pettitte much more thoroughly and painfully than Congress did,” libel specialist Emery told the Daily News. “He will be dragged out of the middle of the season, out of the rotation, because of Roger Clemens.”

McNamee’s lead attorney, Earl Ward, meanwhile, said the Breezy Point resident will consider filing his own defamation suit against Clemens, who has repeatedly and adamantly denied McNamee’s claims that he used performance-enhancing drugs, once Clemens’ lawsuit is resolved. Pettitte would be asked to testify in that suit as well.

“He’ll be the first witness called in our defamation suit against Roger Clemens,” Ward said.

marko Posted: February 19, 2008 at 02:07 PM | 38 comment(s)
  Related News: GeneralNY YankeesSteroids

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   1. Gambling Rent Czar  Posted: February 19, 2008 at 04:50 PM (#2695029)
will consider filing his own suit..

if Roger would have waffled on his suit this much, you all would have hung him by his toes!
   2. Devin has a deep burning passion for fuzzy socks  Posted: February 19, 2008 at 04:57 PM (#2695035)
One of the things that really drives me up a wall about the Clemens coverage is the tendency of the New York papers to quote McNamee's attorneys, at length, as if they are unbiased authorities on things. It's one thing to present their spin, it's another thing to give it the headline.
   3. Gonfalon Bubble  Posted: February 19, 2008 at 05:06 PM (#2695042)
What? Are you insinuating that the New York Daily News I-Team™ might be harboring an agenda? The same newspaper that ran an anti-Clemens article quoting their readers "Sparks8," "lafuzion," "peterjmj," and "Scottvic47"?
   4. David Nieporent (now, with child)  Posted: February 19, 2008 at 05:13 PM (#2695059)
I'd still love to hear McNamee's theory of damages. "They accused me, who admitted lying to police and prosecutors, of lying to prosecutors! That harmed my reputation!"
   5. Gambling Rent Czar  Posted: February 19, 2008 at 05:19 PM (#2695067)
Well, for one thing, there's all the legal fees he'll have to pay protecting himself from Clemens' fullcourt press.
to ####### bad!
   6. David Nieporent (now, with child)  Posted: February 19, 2008 at 05:19 PM (#2695068)
Kevin, you really need to stop playing lawyer. You're not any better at that than at anything else, which means you're abysmal at it. Legal fees are not considered defamation damages.
   7. Rich  Posted: February 19, 2008 at 05:28 PM (#2695080)
This is becoming boring.
   8. marko  Posted: February 19, 2008 at 05:30 PM (#2695083)
This is becoming boring.


I know. I miss the Needles and Gauze Pad days.
   9. Zuvella!  Posted: February 19, 2008 at 05:33 PM (#2695087)
Speaking of nostalgia, it's sad that these guys are never again going to enjoy a videotaped catch of football together.
   10. Gonfalon Bubble  Posted: February 19, 2008 at 05:35 PM (#2695089)
I miss the Needles and Gauze Pad days.

Roll out those lazy, hazy, crazy days of last week!
   11. Bernal Diaz has an angel on his shoulder.  Posted: February 19, 2008 at 05:55 PM (#2695105)
McNamee lives on the Irish Riviera? Interesting.
   12. Rich  Posted: February 19, 2008 at 05:57 PM (#2695107)
I know. I miss the Needles and Gauze Pad days.


I miss the dead ball era.
   13. Devin has a deep burning passion for fuzzy socks  Posted: February 19, 2008 at 06:05 PM (#2695116)
Kevin, look at the piece quoted from the article, specifically the second paragraph. Look at the headline. Find me a quote from Hardin that ran as a headline, and not "Clemens' Lawyer: Blah Blah Bliddly Blah", but just "Blah Blah Bliddly Blah".
   14. RayDiPerna  Posted: February 19, 2008 at 06:17 PM (#2695128)
One of the things that really drives me up a wall about the Clemens coverage is the tendency of the New York papers to quote McNamee's attorneys, at length, as if they are unbiased authorities on things. It's one thing to present their spin, it's another thing to give it the headline.


I know that Jon Heyman (either Newsday or SI now; I forget which) has admitted that he's basically friends with McNamee.

Heyman is the one who watched the 60 Minutes broadcast with McNamee.

And Heyman asked Pettitte yesterday if Pettitte is upset with Clemens for daring to say that McNamee is lying -- since, Heyman said, if Clemens had not contested the accusations, Pettitte's father would not have been dragged into this.

So apparently, it's Clemens's fault that Pettitte got HGH from his father and the media found out about it.
   15. David Nieporent (now, with child)  Posted: February 19, 2008 at 06:57 PM (#2695156)
Ray, is that any more surreal than the notion that the guy who threw his "friends" under a bus in order to avoid prosecution is the victim and that proclaiming one's innocence constitutes throwing one's accuser under the bus?
   16. RayDiPerna  Posted: February 19, 2008 at 07:33 PM (#2695181)
And Heyman asked Pettitte yesterday if Pettitte is upset with Clemens for daring to say that McNamee is lying -- since, Heyman said, if Clemens had not contested the accusations, Pettitte's father would not have been dragged into this.

So apparently, it's Clemens's fault that Pettitte got HGH from his father and the media found out about it.


Ray, is that any more surreal than the notion that the guy who threw his "friends" under a bus in order to avoid prosecution is the victim and that proclaiming one's innocence constitutes throwing one's accuser under the bus?


I don't know; it's difficult to judge the various levels of surreality here.

One of the silliest things about Heyman's blaming of Clemens in the above fashion is if Pettitte had planned to testify truthfully in his deposition like he said he was, the bit about his father was going to come out anyway -- regardless of anything that Clemens did.

But I guess Heyman thinks it's Clemens's fault that Congress is involved in this.

And -- wow -- the column Heyman has up now should be nominated as one of the most idiotic columns written about this subject. Heyman:

And Pettitte declined to blast Clemens for dragging him and half his family into this mess by insisting on his crazy day in court. Pettitte said he "obviously has feelings about that,'' but refused to get into them.


So it's Clemens's fault that Pettitte took HGH and that the Daily News has an entire I-team devoted to investigating this issue.

Whatever, Clemens is the one who stuck it to Pettitte, not the other way around.

Just like Clemens is the one who stuck it to his own wife, Debbie. And to Pettitte's father, Tom. And to the trainer, McNamee.


Stuck it to Debbie? McNamee testified that he injected Debbie with HGH -- so it's not some cover story that Clemens made up. What does this have to do with Clemens?

Stuck it to Tom Pettitte?

If Clemens had simply affirmed what McNamee said about him in the Mitchell Report, just as Pettitte and even party boy Chuck Knoblauch did, rather than to promote his cockamamie story of non use, it all would have been over long ago.


So, in Heyman's world, if Clemens is innocent, Clemens should have "simply affirmed" what McNamee said about him anyway.

Sure, he was. Pettitte understood that under oath meant he could go to jail if he lied. Pettitte isn't perfect, but he is no liar.


Surreal.

Pettitte was questioned in his deposition about whether he took the HGH because Clemens had done so, and Pettitte said no. He took the bullet there.


"Took the bullet." So even though Pettitte is an adult, it's really Clemens's fault that Pettitte took HGH.

And he is no liar. Sure, it would have been better if he had admitted his third usage, in 2004, when he made his original statement. But he was trying to protect his ailing father, Tom, who got him the HGH that time.


Earth to Jon Heyman: that a person has reasons for lying -- even perhaps good reasons -- does not mean that the person didn't lie. And if he lied, he's a liar. Pretty much by definition.
   17. Wes Parkers Mood (Mike Green)  Posted: February 19, 2008 at 08:08 PM (#2695197)
"It's only words, and words are all
I have to take your heart away
You think that I don't even mean
A single word I say"

You say surreal, I say the Bee Gees.
   18. marko  Posted: February 19, 2008 at 08:59 PM (#2695221)
There's one thing heyman says that's spot on: "
He's an American hero, and he thinks everyone should bow down to his greatness. His ego is bigger than all of Texas
."

Then again, Clemens is no hero, except maybe to future ballplayers who may want to artificially change their decline phase into a second hall of fame career, "allegedly" of course.
   19. David Nieporent (now, with child)  Posted: February 19, 2008 at 09:10 PM (#2695232)
Come on, Marko -- why play coy games about his "decline phase"? As long as you have no evidence for anything you claim, why not just go Full Kevin and claim that Clemens would have been Bobby Witt if not for steroid use?
   20. marko  Posted: February 19, 2008 at 09:15 PM (#2695236)
David, if it's proven clemens used performance enhancing drugs, and for the period I believe he used them, I think Roger Clemens is a perfect example of better baseball through chemistry. Someone that can endorse the "fountain of youth" title very proudly.

And I think Clemens is a great great pitcher. But I firmly believe he used and benefited from steroids and HGH.
   21. Tricky Dick  Posted: February 19, 2008 at 09:34 PM (#2695247)
How can Pettitte be a star witness? Did McNamee's attorney read Pettitte's deposition? Andy's back tracking is notable....as in, I think I'm right, but well maybe Roger is right and I misunderstood him...well I still think I know what I heard, but I could be wrong, etc. That becomes grist for cross examination. I recall the earlier articles in which committee sources had said they didn't mind excusing Pettitte from the hearings because he was a bad witness and gave inconsistent answers.
   22. Srul Itza  Posted: February 19, 2008 at 09:37 PM (#2695249)
Clemens went to High School in Texas. Hell, he's probably been 'roiding for 25 years.
   23. marko  Posted: February 19, 2008 at 09:48 PM (#2695255)
It certainly wouldn't surprise me srul.
   24. RayDiPerna  Posted: February 19, 2008 at 10:01 PM (#2695263)
Marko, I'm sure it wouldn't surprise you if Clemens were found to have assassinated JFK.
   25. Gonfalon Bubble  Posted: February 19, 2008 at 10:35 PM (#2695286)
He injected on the Assy Knoll!
   26. Chip  Posted: February 19, 2008 at 11:28 PM (#2695313)
Last week Heyman went on the air with Mike and the Mad Dog and agreed with Russo that while McNamee dealt drugs, it was absolutely despicable for a Congressman to call him a drug dealer.

Today he went on the air with them to talk about the Pettitte press conference and said that while Pettitte may have lied about taking HGH, it was absolutely despicable to call him a liar.
   27. marko  Posted: February 19, 2008 at 11:39 PM (#2695318)
That's cold Ray.
   28. RayDiPerna  Posted: February 20, 2008 at 12:48 AM (#2695342)
Today he went on the air with them to talk about the Pettitte press conference and said that while Pettitte may have lied about taking HGH, it was absolutely despicable to call him a liar.


It must be interesting to live in Heyman's world. Pettitte lied, but he's not a liar. McNamee lied, but he's credible. We don't know if Clemens lied, but he's the liar.

What's funny about McNamee is that Mitchell kept trumpeting the notion that McNamee "had an overwhelming incentive to tell the truth." Yet, we now know McNamee lied to Mitchell. Repeatedly. He basically made George Mitchell look like a fool for trusting that he was being 100% truthful. But has Mitchell changed his opinion of McNamee's credibility and reliability?

If so, he'll never admit it.
   29. Mike Green  Posted: February 20, 2008 at 08:06 AM (#2695397)
"Marko, I'm sure it wouldn't surprise you if Clemens were found to have assassinated JFK."

As John Brattain recently pointed out, there are two "asses" in "assassinated". There's one in the "Grassy Knoll". Coincidence? I think not.
   30. 1k5v3L, Useless  Posted: February 20, 2008 at 08:38 AM (#2695417)
If I ever got sued for defamation by Roger Clemens, I'd want kevin as my lawyer.
   31. 1k5v3L, Useless  Posted: February 20, 2008 at 08:53 AM (#2695436)
I'd only do it for the joy of watching kevin cross-examine Clemens.
   32. Chris Dial  Posted: February 20, 2008 at 09:00 AM (#2695448)
Take that, Nieporent!

You should have considered the source a little more closely.
   33. 1k5v3L, Useless  Posted: February 20, 2008 at 09:03 AM (#2695450)
Dial, Dbacks fans have the same rights in the court of law
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