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Saturday, April 14, 2012

Clemens lawyers may challenge physical evidence

Braun provides you with a particularly close and thorough shave!

Defense lawyers for Roger Clemens said Friday they may challenge key physical evidence that his former strength trainer, Brian McNamee, has provided to prosecutors in the former pitcher’s perjury trial.

The lawyers told U.S. District Judge Reggie Walton at a hearing that unspecified developments that prosecutors made them aware of over the last few weeks raised issues about the chain-of-custody of the evidence.

McNamee has said he repeatedly injected Clemens with steroids and human growth hormone, and saved some of the needles and gauze for years. Clemens’ lawyers say that if the government can’t prove the chain-of-custody, they will challenge McNamee’s evidence, which is central to the prosecution’s case.

...On a related note, Judge Walton turned down a request for a lawyer representing The Associated Press and The New York Times to unseal a government motion that prosecutors fear could tarnish McNamee in the eyes of potential jurors.

On Thursday, the government submitted a public notice that it had filed a sealed motion on March 19 to keep some unspecified information from the public. Walton said he shared the prosecutors’ fears that the information, if publicly disclosed, would complicate getting an impartial jury. He described it as information the government knows about, and fears would tarnish a witness.

Repoz Posted: April 14, 2012 at 04:33 PM | 19 comment(s) Login to Bookmark
  Tags: history, steroids

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   1. Ray (RDP) Posted: April 14, 2012 at 04:53 PM (#4106661)
The lawyers told U.S. District Judge Reggie Walton at a hearing that unspecified developments that prosecutors made them aware of over the last few weeks raised issues about the chain-of-custody of the evidence.


"Over the last few weeks." So perhaps there's something new here.

Also, FWIW:

Another lawyer for Clemens, Michael Attanasio, said that the sealed information mentions McNamee, his wife, and his household - which is where he kept the physical evidence against Clemens.

   2. RickG Posted: April 14, 2012 at 05:28 PM (#4106671)
"Over the last few weeks" = "Ryan Braun got off on chain-of-custody, so..." to me.
   3. McCoy Posted: April 14, 2012 at 06:24 PM (#4106699)
This is still going on? Why?
   4. Ray (RDP) Posted: April 14, 2012 at 06:25 PM (#4106700)
This is still going on? Why?


Because people like Andy never wanted this.
   5. Lassus Posted: April 14, 2012 at 06:49 PM (#4106712)
Because people like Andy never wanted this.

Oh good lord, Andy, please, stop dressing like such a slut and maybe he'll leave you alone.
   6. Srul Itza Posted: April 14, 2012 at 06:51 PM (#4106715)
I wonder if any of the motion relates to this:

McNamee kept a low profile until October of 2001, when he was suddenly in the New York tabloids. According to police reports, an employee of a St. Petersburg, Fla., hotel where the Yankees were staying had noticed a man and a woman apparently having sex in the hotel pool, while another man looked on from a few feet away. All three were naked in the pool. One of the men, Charles Wonsowicz, the former St. John's pitcher who was now the Yankees' video technician, left immediately when confronted by the employee. The other, McNamee, continued to hold on to the woman until the hotel employee asked him to leave again, according to police documents.

"You mean now?" he said. McNamee got out of the pool, leaving behind the woman, who witnesses said appeared "out of it." She said to the hotel employee, "Help me," and then McNamee pulled her out of the pool and tried to put clothes back on her.

Employees called police, and an ambulance also arrived. It turned out the woman had ingested a near fatal dose of GHB, a powerful drug used by bodybuilders, teenage "ravers" and date rapists -- who have used it to incapacitate victims. A bottle of the GHB was found on the pool deck.

Police investigated the incident as a rape and questioned McNamee the next morning.

The report of Detective Don Crotty, who questioned McNamee, cites McNamee as lying several times during the questioning: about where he first met the woman, saying it was the hotel lobby rather than another bar, as other witnesses said; and about his whereabouts over the course of the night. McNamee didn't mention that he was with the woman with several other Yankees players in Chuck Knoblauch's room. He denied to police that he even knew Wonsowicz, his college teammate and fellow Yankees employee. He said Wonsowicz looked familiar, and he might be a "green fly," ballplayer slang for a hanger-on who looks for autographs.

For more than a month in 2001, McNamee was a suspect. However, no charges were filed. Early in the investigation, the woman lied to investigators about her reason for being at the Renaissance Vinoy hotel -- she was having an affair with another Yankees employee who was married, and didn't want to reveal that. When investigators realized this, they declined to pursue the investigation of McNamee. A few months later, the Yankees quietly let McNamee go. But Clemens and Pettitte kept using him as their personal trainer


Given everything we know about McNamee, how much more "tarnished" can he get?
   7. Dan The Mediocre Posted: April 14, 2012 at 07:13 PM (#4106722)
Given everything we know about McNamee, how much more "tarnished" can he get?


He didn't see a sudden improvement sometime after turning 28, did he?
   8. Fred Lynn Nolan Ryan Sweeney Agonistes Posted: April 14, 2012 at 07:32 PM (#4106730)
Defense Lawyers Doing Their Jobs
(film at 11)
   9. Downtown Bookie Posted: April 14, 2012 at 07:33 PM (#4106733)
Given everything we know about McNamee, how much more "tarnished" can he get?


I agree 100%. But the question that I then can't adequately answer to my own personal satisfaction is, How come
Clemens and Pettitte kept using him as their personal trainer
?

DB
   10. bobm Posted: April 14, 2012 at 08:07 PM (#4106742)
I do not know if this has come up here before, but I found it interesting:


Key Figures in the Clemens Perjury Trial
By FREDERIC J. FROMMER Associated Press
April 14, 2012 (AP)
Some key figures at Roger Clemens' trial, starting Monday, on charges that the former pitcher lied when he told Congress he never used steroids and human growth hormone: ...

— U.S. District Judge Reggie Walton: The judge is a former athlete himself. He went to college on a football scholarship and revealed in a Clemens hearing last year that he and Ken Griffey Sr. grew up playing ball together in their hometown of Donora, Pa.


BTW, Donora is also the hometown of Stan Musial, who shares a birthday and birthplace with Ken Griffey Jr IIRC.
   11. Jolly Old St. Nick Done Jumped The Ship Posted: April 14, 2012 at 09:31 PM (#4106771)
This is still going on? Why?


Because people like Andy never wanted this.

Or maybe if the players had cleaned up their own act before Congress mau-mau'd baseball into doing it for them, the juice boys might have been deterred and we'd all be happy.

------------------------------------

Oh good lord, Andy, please, stop dressing like such a slut and maybe he'll leave you alone.

I ordered the kavorka but instead got the clear and the cream. Ray may not know much about women, but he knows an aphrodisiac when he smells one.
   12. Jose Can Still Seabiscuit Posted: April 14, 2012 at 10:30 PM (#4106795)
Given everything we know about McNamee, how much more "tarnished" can he get?


I agree 100%. But the question that I then can't adequately answer to my own personal satisfaction is, How come
Clemens and Pettitte kept using him as their personal trainer


Because he got them good steroids.

I don't really have much doubt that McNamee was providing them this stuff. I am similarly confident that there is no way that a fair trial can result in a conviction of Clemens. IANAL FWIW etc...etc...
   13. Walt Davis Posted: April 14, 2012 at 11:14 PM (#4106814)
For crying out loud, it doesn't exactly take the keen legal mind of Lionel Hutz to consider challenging the chain of custody of 12-year-old gauze pads that weren't scientifically collected or hermetically sealed but probably were left on Funk and Wagnall's doorstep.
   14. asinwreck Posted: April 14, 2012 at 11:14 PM (#4106815)
"Your honor, this sample was not taken from Mindy McCready until after she reached the age of consent. Oh, not that physical evidence? Nevermind, your honor."
   15. asinwreck Posted: April 14, 2012 at 11:18 PM (#4106818)

BTW, Donora is also the hometown of Stan Musial, who shares a birthday and birthplace with Ken Griffey Jr IIRC.


As well as one of the most deadly smogs in United States history (in 1948), and a legacy of industrial pollution.
   16. Ray (RDP) Posted: April 14, 2012 at 11:31 PM (#4106822)
Because he got them good steroids.

I don't really have much doubt that McNamee was providing them this stuff.


So you think Pettitte lied under oath when he said he had never used steroids?
   17. David Nieporent (now, with children) Posted: April 14, 2012 at 11:34 PM (#4106824)
Defense Lawyers Doing Their Jobs
(film at 11)
Yes. I was amused by the "may challenge the physical evidence." As opposed to what, "Clemens lawyers may instruct their client to confess in open court that he's a steroid user, perjurer, and terrorist"?
   18. David Nieporent (now, with children) Posted: April 14, 2012 at 11:36 PM (#4106825)
I agree 100%. But the question that I then can't adequately answer to my own personal satisfaction is, How come
Clemens and Pettitte kept using him as their personal trainer?
Maybe they didn't know about the incident? Or at least didn't know any of the details, and, since the police quickly decided not to pursue the charges, believed him when he said it was a misunderstanding or mistaken identity or whatever?
   19. marko Posted: April 15, 2012 at 02:52 AM (#4106846)
So you think Pettitte lied under oath when he said he had never used steroids?


Maybe he did. After all, his good buddy Roger did :)

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