So, will Clemens get convicted?

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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. 

Joaquin Benoit blames overly-sensitive hitters for benches-clearing incidents

TORONTO, CANADA - SEPTEMBER 12: Joaquin Benoit #53 of the Toronto Blue Jays delivers a pitch in the seventh inning during MLB game action against the Tampa Bay Rays on September 12, 2016 at Rogers Centre in Toronto, Ontario, Canada. (Photo by Tom Szczerbowski/Getty Images)
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The other night, Blue Jays reliever Joaquin Benoit needed help getting off the field after the second benches-clearing incident with the Yankees. It was later revealed that Benoit tore a calf muscle during the fracas, ending his season.

Yesterday he pointed the finger at just about everyone else for the incidents like the one that led to his injury. Hitters specifically. From The Star:

“I believe as pitchers we’re entitled to use the whole plate and pitch in if that’s the way we’re going to succeed,” Benoit said. “I believe that right now baseball is taking things so far that in some situations most hitters believe that they can’t be brushed out. Some teams take it personally.”

That “take it personally” line is interesting coming from Benoit as, in this instance, it seemed pretty clear that the whole plunking exchange which led to his injury started because Josh Donaldson took an inside pitch that did not seem to be a purpose pitch at all, too personally.

Did Benoit take a veiled swipe at his teammate here? If so, that’s pretty notable. If not it’s notable in another way, right? As it suggests that Benoit believes it’s OK for his teammates to take issue with inside pitches but anyone else who does is part of the problem?

Which is it, Joaquin?

Jose Fernandez’ memorial service will be today

JUPITER, FL - FEBRUARY 24: Pitcher Jose Fernandez of the Miami Marlins poses for photos on media day at Roger Dean Stadium on February 24, 2016 in Jupiter, Florida. (Photo by Marc Serota/Getty Images)
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There will be a public memorial service for Jose Fernandez today. The Miami Marlins said in a news release today that fans can gather along the west side of Marlins Park this afternoon for the departure of a funeral motorcade at 2:16 p.m. Fernandez wore No. 16 on his jersey. For those not in Miami, ESPN will provide live coverage of memorial services from 2-2:30 p.m. EDT.

A public viewing will be held at St. Brendan’s Catholic Church from 5 p.m. to 11 p.m. A private funeral Mass will be held tomorrow for family and Marlins players and personnel.

In lieu of flowers, the Fernandez family asks for charitable contributions to the JDF16 Foundation,