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.

BBWAA votes to make all Hall of Fame ballots public beginning next year

Cooperstown
Associated Press
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In addition to naming the Spink Award winner this morning, the Baseball Writers Association of America voted today to make all Hall of Fame ballots public beginning with next year’s vote for the 2018 induction class.

As of now, writers are encouraged to make their votes public and, if they do, they are placed on the BBWAA website. They are not required to, however, and a great many Hall of Fame voters do not. While ballot secrecy is laudable in politics, the Hall of Fame vote brings with it a fundamentally different set of concerns and sentiment has increasingly favored transparency, as opposed to secrecy when it comes to the Hall of Fame.

While some in opposition to this move may claim that public ballots will only lead to criticism, our view is that if you can’t handle some reasonable criticism over your Hall of Fame ballot, you probably need to get out of the business of making history, which is what voting for the Hall of Fame really is.

The Yankee2 to retire Derek Jeter’2 number next 2ea2on

Derek Jeter
Getty Images
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RE2PECT: The Yankees just announced that they will retire Derek Jeter’s number 2 next season. The ceremony will take place on May 14, 2017 at Yankee Stadium.

With Jeter’s number 2 retired the Yankees will have retired 21 numbers. Twenty-two if you count number 8 twice, given that it was retired for both Yogi Berra and Bill Dickey. They also have retired 42 twice, once for Jackie Robinson, which every team has retired, and once for Mariano Rivera who donned 42 before the league-wide retirement of the number. The Yankees will also have put every single-digit number on the shelf. Except for zero, anyway, which no Yankees player has ever worn.

The retired pinstripes break down as follows:

1 Billy Martin
3 Babe Ruth
4 Lou Gehrig
5 Joe DiMaggio
6 Joe Torre
7 Mickey Mantle
8 Yogi Berra
8 Bill Dickey
9 Roger Maris
10 Phil Rizzuto
15 Thurman Munson
16 Whitey Ford
20 Jorge Posada
23 Don Mattingly
32 Elston Howard
37 Casey Stengel
42 Mariano Rivera
44 Reggie Jackson
46 Andy Pettitte
49 Ron Guidry
51 Bernie Williams