Why DNA evidence doesn't sink Clemens

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In response to my post regarding the problems the prosecution may have convicting Clemens, reader Anthony E. emailed me and basically asked why does anyone care about McNamee’s credibility if the feds have DNA evidence related to Clemens and PEDs (which they do).

Good question! And, as I noted over a year ago, it actually renders the McNamee credibility thing more problematic for prosecutors, not less.

You’ll recall that the blood and DNA evidence came from drug paraphernalia.  You’ll also recall that the drug paraphernalia came from . . . Brian McNamee. Who had kept it. In his house. For years.  This is a bit of a problem.

Sure, it would be better for Clemens if PEDs and his blood weren’t found on those syringes, but you don’t have to be a lawyer to be familiar with the concept of chain of custody. As in, what happened to those syringes in between the time McNamee allegedly injected Clemens and the time — years later — he turned them over to federal investigators.

Clemens’ defense lawyers will be able to attack the reliability of this evidence on the basis
that it wasn’t preserved properly and was always at risk of
contamination. They’ll be able to establish that Brian McNamee had access to PEDs. They’ll be able to establish that Brian McNamee had
access to Clemens blood via the vitamin shots or whatever Clemens says
McNamee gave him. They’ll be able to establish that Brian
McNamee’s apartment is no lab and, if I had to guess, probably looks
like the kind of place in which you used to wake up still drunk and
covered in beer cans and pizza boxes when you were in college.  Most importantly, they’ll be able — as I said earlier today — that Brian McNamee is a demonstrated liar, thereby discounting any explanation he has for what happened to this evidence over the years.  As he must for it to be admissible.

In other words, any presumption that the syringe evidence is pure and
true would be pretty hard to take. This is especially true in a world
where half of the potential jurors watch CSI three times a week and thus
have elevated expectations as to the quality of forensic evidence.

Again: this doesn’t mean that Clemens is going to skate. But it does mean that the presence of DNA evidence may not be nearly as damning in this case as it is in other criminal prosecutions.

With Adam Jones ailing, Orioles add Borbon to outfield

SAN FRANCISCO, CA - AUGUST 13: Adam Jones #10 of the Baltimore Orioles reacts after being hit in the hand by a pitch in the sixth against the San Francisco Giants inning during an interleague game at AT&T Park on August 13, 2016 in San Francisco, California. (Photo by Lachlan Cunningham/Getty Images)
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NEW YORK — With star outfielder Adam Jones nursing a tender hamstring, the Baltimore Orioles selected the contract of Julio Borbon from Double-A Bowie and optioned pitcher Mike Wright to Triple-A Norfolk.

Borbon was inserted in the starting lineup for Baltimore, batting ninth against hard-throwing New York Yankees rookie Chad Green.

“We had some other center field options,” manager Buck Showalter said. “Borbon is our best option at this point.”

Jones left Friday’s game in the second inning with a left hamstring strain. He departed the previous night’s game at Washington in the ninth inning with hamstring cramps and aggravated the injury hustling down the first base line on a soft grounder to third.

“I got a feeling that if he hadn’t had that first swinging bunt, it might not have been a problem,” Showalter indicated. “He’s not going to trot to first base as much as I talked to him about it before the game.”

Although Jones was unable to talk his way into Saturday’s lineup, Showalter speculated that he might be available to pinch-hit.

The 30-year old Borbon was 2 for 9 in five games with the Orioles earlier this season, but was designated for assignment on July 26. To create room for Borbon on the 40-man roster, pitcher Logan Ondrusek was designated for assignment on Friday.

No structural damage found in Andrew Benintendi’s knee

ST. PETERSBURG, FL - AUGUST 24:  Shortstop Matt Duffy #5 of the Tampa Bay Rays tags out Andrew Benintendi #40 of the Boston Red Sox after Dustin Pedroia grounded into the double play  during the seventh inning of a game on August 24, 2016 at Tropicana Field in St. Petersburg, Florida. (Photo by Brian Blanco/Getty Images)
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Good news in Boston: An MRI on Red Sox outfielder Andrew Benintendi‘s left knee revealed no structural damage.

Benintendi slipped while trying to avoid a tag at second base, injuring his leg, but it appears he’s avoided a serious injury. A timetable for his return isn’t known at this point, but the Red Sox expect to get him back before the end of the season.

Benintendi is hitting .324/.365/.485 with a homer and ten RBI in 21 games.