So, will Clemens get convicted?


As I said earlier today: an indictment is one thing. A conviction, well, that’s something else entirely.  With the massive, massive caveat that I haven’t seen the indictment yet, my gut tells me that Clemens stands a good chance of walking away from these charges a free man.

Why?  His accuser, mostly.

There will certainly be more to the feds’ case than Brian McNamee’s word against Roger Clemens’ word.  There may be some DNA evidence on the syringes McNamee kept. There will likely be testimony from Andy Pettitte, Jason Grimsley, Jose Canseco and others. It’s not going to be a two man show. But Brian McNamee is the most important prosecution witness, and his credibility is more than a bit shaky.

McNamee is an admitted drug dealer. Worse for his credibility as a witness is that he has a history of lying or being suspected of lying, and on at least one occasion, it occurred in some seriously seedy circumstances.

While employed by the Yankees, he was caught having sex in a hotel pool with a woman
who was basically passed out
. Witnesses told police that they believed
McNamee drugged the woman. Police asked McNamee about it and he denied it.
The police reported reflected their belief that they believed McNamee was lying to them, but ultimately charges were never brought due to lack of evidence. More germane to this particular case is that McNamee once wrote an editorial for the New York Times defending
Roger Clemens against accusations of PED use. He later admitted that the whole thing was made up.

While McNamee will certainly be able to say that (a) the lack of charges in the pool thing back up his story; and (b) that he lied in the New York times in an effort to protect his employer, the fact is that, at a trial, he will be asked the one question ever lawyer waits his whole career to ask of an adversarial witness: “Mr. McNamee, were you lying then or are you lying now?”  Defense counsel — if they have a lick of ability — will pummel McNamee, far more so than most prosecution witnesses get pummeled in cases like this.

None of which is to say that McNamee is lying now.  Having closely followed the Mitchell Report and the Congressional hearing and everything before and since, it’s my gut feeling that he’s telling the truth.  But juries are outrageously sensitive to questions of a witnesses credibility, and McNamee will come under serious fire on this score.

Many will cite the success rate of federal prosecutors in handicapping this case. It’s something like 90%.  But it’s less in perjury cases and even less in cases involving well-heeled defendants with fancy defense counsel who fight the case hard — as Clemens no doubt will — as opposed to copping a plea.

Throw in the very damaged credibility of the government’s primary witness, and I think Clemens has a puncher’s chance. 

Yadier Molina scratched from Cardinals’ lineup

molina getty

Yadier Molina was in the Cardinals’ initial, posted lineup for Game 4 of the NLDS this afternoon, but the injured catcher has been scratched and replaced by backup Tony Cruz.

Molina has been playing through a significant thumb injury and exited Game 3 early in obvious discomfort. He no doubt talked his way into the lineup, but manager Mike Matheny told reporters that Molina was removed due to “considerable weakness in his hand.”

Not only will the Cardinals try to stave off elimination without Molina behind the plate, if they are able to advance past the Cubs in the NLDS they could be without the seven-time All-Star catcher in the NLCS.

Robinson Cano underwent sports hernia surgery

Robinson Cano

The Mariners announced today that second baseman Robinson Cano underwent surgery on his “core muscles” today, to repair that which we more commonly refer to as a sports hernia.

Cano played through the injury during the second half of what was a below par season. Hit hit .387/.334/.486 on the year though, surprisingly, did much better in the second half, posting a line of .331/.387/.540. The hernia may have been bothersome, but it didn’t really hamper him, it would seem.

He’ll need six weeks of recovery time, but should be good to go by spring training, looking for a bounce back year.

NLDS, Game 4: Cardinals vs. Cubs lineups

John Lackey

Here are the Cardinals and Cubs lineups for Game 4 of the NLDS in Chicago:

3B Matt Carpenter
1B Stephen Piscotty
LF Matt Holliday
RF Jason Heyward
SS Jhonny Peralta
CF Randal Grichuk
2B Kolten Wong
C Yadier Molina Tony Cruz
SP John Lackey

Yadier Molina is in the lineup despite leaving Game 3 early with obvious discomfort in his injured thumb. Randal Grichuk starts in center field after Tommy Pham played there in Game 3, which is interesting because in Game 1 the Cardinals used Grichuk in right field and Jason Heyward in center field. John Lackey is starting on short rest after winning Game 1, as manager Mike Matheny bypassed Lance Lynn with the season on the line.

UPDATE: Molina has been scratched from the lineup and replaced by Tony Cruz.

CF Dexter Fowler
RF Jorge Soler
3B Kris Bryant
1B Anthony Rizzo
2B Starlin Castro
LF Kyle Schwarber
C Miguel Montero
SP Jason Hammel
SS Javier Baez

Addison Russell is out of the lineup after injuring his hamstring in Game 3, so Javier Baez is taking his place at shortstop and batting ninth behind the pitcher. Jorge Soler’s hot streak gets him another start in the No. 2 spot, with Kyle Schwarber batting sixth again. Jason Hammel makes his first start in 12 days.