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Monday, August 10, 2009

Authors and Publisher of Baseball Steroids Book Sued for Defamation

And hopefully Judge Friedrich von Spee is presiding…

The publisher and authors of a book about steroid use in major league baseball were sued today by a Texas man who says they falsely claimed he was “pushing” steroids to professional athletes and using his gym as a front for selling drugs, according to The Gibson Law Firm.

Former gym owner Kelly Blair, of Deer Park, Texas, alleges that the book - “American Icon: The Fall of Roger Clemens and the Rise of Steroids in America’s Pastime” (Knopf Doubleday Publishing Group) - falsely linked him to an “underground steroid network,” a convicted murderer and drug dealer, drug smuggling from Mexico and Canada, and the preparation of “collections of drugs” shipped to professional athletes.

Blair also is scheduled to testify on Tuesday before a federal grand jury in Washington.

...Blair’s attorney, Jason A. Gibson, of The Gibson Law Firm, stated, “As the lawsuit alleges, Kelly Blair was maliciously and recklessly defamed by the authors and publishers of this book and at least one dubious source whose false allegations they published. Kelly looks forward to his day in court on this matter. In the meantime, he looks forward to testifying tomorrow before the grand jury in Washington.”

The defendants in the lawsuit are authors Michael O’Keeffe, Christian Red, Teri Thompson, and Nathaniel Vinton, all of whom are reporters for the New York Daily News; Robin Dobbins, a Deer Park, Texas man who was a source for the book; and Knopf Doubleday Publishing Group, of New York.

Repoz Posted: August 10, 2009 at 01:28 PM | 21 comment(s)
  Related News: GeneralSteroids

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   1. The District Attorney  Posted: August 10, 2009 at 12:39 PM (#3287607)
Deer Park, that's good steroids!
   2. The Piehole of David Wells, Red Sox Colostomy Bag  Posted: August 10, 2009 at 01:15 PM (#3287638)
good luck with that lawsuit. i'll bet that knopf has had their defense outlined since before the book was published.
   3. Steve Treder  Posted: August 10, 2009 at 01:25 PM (#3287648)
Christian Red

Wait, his name is "Christian Red?"
   4. jwb  Posted: August 10, 2009 at 02:01 PM (#3287682)
"Christian Red" sounds like a brand of chianti marketed during the heyday of anti-Catholic sentiment in the U.S.
   5. David Nieporent (now, with child)  Posted: August 10, 2009 at 02:12 PM (#3287691)
I really really want the Daily News writers to lose a suit, just for being shmucky.
   6. Tricky Dick  Posted: August 10, 2009 at 02:30 PM (#3287703)
I would think Blair stands a better chance (than say, Clemens or other players) of claiming he is not a "public figure." If he can get past the public figure defense which the publisher will raise, and he can show that statements are untrue, maybe he could have chance at winning. I know it's still difficult to win these lawsuits, but I agree with the sentiment expressed in No. 5.
   7. Ryan Jones  Posted: August 10, 2009 at 02:38 PM (#3287710)
   8. Ron Johnson  Posted: August 10, 2009 at 02:41 PM (#3287713)
#2 They may have been prepared for the lawsuit, but I'm pretty sure they aren't overjoyed to see it actually filed.
   9. Random Transaction Generator  Posted: August 10, 2009 at 02:42 PM (#3287715)
"Christian Red" sounds like a brand of chianti marketed during the heyday of anti-Catholic sentiment in the U.S.


Or an high-end brand that Eric would drink at Fangtasia

/closet fan of "True Blood"
   10. Gonfalon Bubble  Posted: August 10, 2009 at 02:49 PM (#3287723)
I just hope that the discovery process doesn't end up ruining the reputation of the anonymous stripper who was one of the blockbuster book's cited sources.

I used to believe in The Rocket, wholly and with all the tenderness in my heart. Later, I switched my allegiance to the crusading goodness of the Daily News Steroid I-Team™. If my faith is befouled twice, I don't know what will become of me.
   11. RayDiPerna  Posted: August 10, 2009 at 02:59 PM (#3287736)
Did anyone catch that McNamee's attorneys filed a suit against Clemens for defamation a couple weeks ago? They claim that the basis for the suit is that Clemens painted McNamee as a liar.

Rusty Hardin's comment to the media in response was priceless. Something along the lines of "Now step back and understand what's happening here. Roger Clemens says, 'You. You did not provide me with illegal steroids' -- and he's being sued for defamation."

Rollicking good times.

I also love McNamee's position here: "I'm a drug dealer, not a liar!"

Of course, the other problem is that McNamee is a liar. A self-confessed one.
   12. David Nieporent (now, with child)  Posted: August 10, 2009 at 03:08 PM (#3287749)
Did anyone catch that McNamee's attorneys filed a suit against Clemens for defamation a couple weeks ago? They claim that the basis for the suit is that Clemens painted McNamee as a liar.
I did; I was surprised nobody posted it here, but I was rather busy at work, so I didn't get a chance to pick up the slack.

McNamee's suit is insane; he had won (on a technicality) most of Clemens' suit against him, and yet now he's inviting Clemens to dig into his personal life.
   13. Luke Gofannon  Posted: August 10, 2009 at 07:47 PM (#3288089)
Christian Red: liberation theologian.
   14. Ryan Jones  Posted: August 10, 2009 at 07:57 PM (#3288111)
McNamee's suit is insane; he had won (on a technicality) most of Clemens' suit against him, and yet now he's inviting Clemens to dig into his personal life.


Even though I don't particularly believe Clemens' side of things, I'll agree that McNamee is just asking for trouble by suing Clemens. After all, while almost everything that Clemens is accused of is sleazy, I don't remember there being anything that he's been accused of that was notable illegal.

McNamee is an admitted dealer, and a possible rapist, and that's just information that's already out there. And Clemens definitely has the money to hire a whole ton of private investigators and lawyers to dig through every single corner of McNamee's past.
   15. David Nieporent (now, with child)  Posted: August 10, 2009 at 09:02 PM (#3288308)
I should add that I'm not even sure that McNamee's legal theory can survive a motion to dismiss. If someone accuses you of a crime and you deny it, that simply isn't defamation, even if it causes people to think that person a liar. Many of the other allegedly defamatory comments -- e.g., that McNamee is "troubled" -- cannot be actionable.

McNamee also sues for malicious prosecution; I'm not intimately familiar with that cause of action, but it's not clear to me that a dismissal based on immunity/lack of personal jurisdiction constitutes a favorable termination for malicious prosecution purposes.

Finally, McNamee claims IIED because in the telephone conversation that Clemens taped and released at that press conference, McNamee discussed his son's "private medical information." That's not IIED.
   16. RayDiPerna  Posted: August 10, 2009 at 09:22 PM (#3288375)
It's a loony step on McNamee's part.
   17. RayDiPerna  Posted: August 10, 2009 at 09:27 PM (#3288385)
Anyway, I'm still waiting for Clemens to be indicted. How long do the feds need, anyway, to prove that Clemens "obviously" perjured himself, which is the position taken by 99% of the public? It's been a year and a half now.

I repeat my earlier prediction: Clemens will not be indicted on the evidence that is public right now. They'll need something more. And it's obvious they're trying to fish for evidence from Blair. But it would be silly for Blair to state publicly that he didn't supply Clemens, yet tell a different story in front of the grand jury.
   18. David Nieporent (now, with child)  Posted: August 11, 2009 at 04:43 AM (#3288592)
Ray, wasn't it many months ago that they supposedly tested that 'evidence' McNamee 'found' in his basement?
   19. RayDiPerna  Posted: August 11, 2009 at 02:49 PM (#3289210)
Former major league pitcher Jason Grimsley, a star of the Mitchell Report and a critical figure in baseball's ever-widening steroid scandals, was among several men who appeared Tuesday at the federal courthouse in Washington D.C. where a grand jury is investigating whether Roger Clemens committed perjury last year before Congress.

Not long after Grimsley left the courthouse, former gym owner Kelly Blair of Pasadena, Texas, arrived.


http://www.nydailynews.com/sports/baseball/yankees/2009/08/11/2009-08-11_former_mlb_pitcher_jason_grimsley.html#ixzz0NuDTTAQQ
   20. RayDiPerna  Posted: August 11, 2009 at 02:51 PM (#3289222)
Yeah, they supposedly tested it months ago. Still no indictment...

And it should be so easy to prove this "obvious" truth that Clemens perjured himself. But apparently, Mike Lupica's rantings don't count as evidence.
   21. David Nieporent (now, with child)  Posted: August 11, 2009 at 07:58 PM (#3289687)
Come on, Ray; it's obvious. That is proof.

(If they can't convict, it's not a sign of lack of evidence; it just means Greg Anderson is covering for him.)
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