Brian McNamee

Will there be sordidness in the Roger Clemens trial? Oh yeah, there will be

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I’ve been pretty clear about not being a big Roger Clemens fan. I’ve also been pretty clear in thinking that the case against him is going to be stronger than the case against Barry Bonds for the simple reason that, unlike in the Bonds case, the jury will hear from someone who claims to have direct knowledge of the situation that Roger Clemens did, in fact, take steroids.  That person is his former trainer, Brian McNamee.

What I haven’t said a lot about lately, but which I wrote about extensively three years ago when all of this was first bubbling to the surface, is that Brian McNamee has his own problems as a witness and will be subject to a pretty rigorous cross-examination. Cross-examination on the most fundamental and potentially damning basis on which any witness can be crossed: his credibility.

The facts are these: McNamee is an admitted liar.  He lied for years about Clemens steroid use, protecting his position as Clemens’ personal trainer and protecting his neck as an illicit drug distributor. In that process he famously wrote an op-ed piece in the New York Times in which he denied Clemens ever took steroids.  Prosecutors will have no choice but to deal with that from the get-go, establishing that, yes, he was once untruthful regarding the matters on which he will testify in this case, but now he is being honest. The defense, of course, gets to ask the best question any lawyer can ever ask any witness: “so, were you lying then or are you lying now?”

But there’s another matter which touches on McNamee’s credibility. It’s far more complicated and potentially explosive, however, and late last night it exploded into this case when Clements’ lawyers filed a motion on the subject: McNamee was once suspected of and questioned about drugging and raping a woman in a Florida hotel pool when he worked for the Yankees in 2001. No charges ever resulted from the incident. But the critical takeaway was that the police suspected — and noted in their reports — that they believed McNamee lied to them during questioning.

Clemens’ lawyers want that stuff admitted into evidence during Clemens’ trial. Prosecutors, of course, want no part of it in there. Clemens’ lawyers likely want to paint with a broad brush, touching on the credibility angles, but wouldn’t mind a bit if it all gave the jury the impression that McNamee is a rapist who somehow slithered free. Prosecutors would like it all avoided, because it “could become a ‘sideshow’ that would unfairly prejudice the jury against their leading witness.”

It strikes me that the incident has to come into evidence in at least some limited fashion due to that credibility angle. That Clemens’ lawyers should be able to establish that, when questioned by law enforcement in 2001, McNamee was believed to have lied, thus suggesting the possibility that, when questioned by law enforcement during the course of the Mitchell Report, he lied once again. How much latitude Clemens lawyers should get in bringing up the underlying facts of the investigation (i.e. the alleged rape) as opposed to bringing up the lying stuff is the line the judge will have to walk. And it won’t be an easy line.

So no, the Clemens trial will not be solely about illicit drugs, hotel room injections and abscesses on Clemens’ buttocks. There will be some ugliness in there too.

Report: Blue Jays to acquire Melvin Upton, Jr. from the Padres

SAN DIEGO, CALIFORNIA - JULY 2:  Melvin Upton Jr. #2 of the San Diego Padres hits a walk-off solo home run during the ninth inning of a baseball game against the New York Yankees at PETCO Park on July 2, 2016 in San Diego, California. The Padres won 2-1. (Photo by Denis Poroy/Getty Images)
Denis Poroy/Getty Images
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The Padres and Blue Jays have agreed on a trade involving outfielder Melvin Upton, Ken Rosenthal of FOX Sports reported on Tuesday morning. The Jays will get Upton and the Padres will receive a prospect from Single-A. The financial details are not yet known, but Dennis Lin of the San Diego Union-Tribune says the Padres are expected to cover a significant portion of his remaining contract. The trade is likely to be finalized on Tuesday.

The two teams opened up a three-game series in Toronto on Monday, so Upton won’t have to go very far to join his new team. The Jays won 4-2 on Monday.

Upton, 31, has had another solid season for the Padres, batting .256/.304/.439 with 16 home runs, 45 RBI, 46 runs scored, and 20 stolen bases in 374 plate appearances. He’s owed the remainder of his $15.45 million salary for the 2016 season and $16.45 million next season, the final year of his five-year contract.

Upton will provide some outfield depth for the Jays, who currently only have Ezequiel Carrera as a full-time back-up outfielder behind Michael Saunders, Kevin Pillar, and Jose Bautista. Bautista was activated from the disabled list on Monday, so Upton could cover right field in the event that Bautista exacerbates his toe injury.

With Upton leaving San Diego, Alex Dickerson is likely to see full-time work in left field in the short term. Prospects Hunter Renfroe and Manuel Margot could be called up at some point this season as well.

Settling the Scores: Monday’s results

CHICAGO, IL - JULY 25:  Tyler Saladino #18 of the Chicago White Sox celebrates after getting the game-winning hit, a single in the 9th inning, against the Chicago Cubs at U.S. Cellular Field on July 25, 2016 in Chicago, Illinois. The White Sox defeated the Cubs 5-4.  (Photo by Jonathan Daniel/Getty Images)
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The White Sox got their third consecutive win in walk-off fashion on Monday, downing the Cubs 5-4 in the opening game of a short two-game series at U.S. Cellular Field. On Sunday, the White Sox and Tigers played two, sort of. They finished a suspended game from Saturday, which ended with an Adam Eaton walk-off RBI single in the ninth inning to give the White Sox a 4-3 victory over the Tigers. Later that day, Melky Cabrera walked the Pale Hose off on another RBI single, this time giving his team a 5-4 margin of victory.

In Monday night’s game, the White Sox took a 4-0 lead in the seventh inning with third baseman Todd Frazier providing the bulk of the offense with a three-run home run off of Jake Arrieta in the sixth inning. But starter Miguel Gonzalez tired in the seventh, forking up a two-run home run to Javier Baez. He would exit with two outs in the frame. In the ninth, Matt Albers gave up a double and two singles, leading to one run for the Cubs. Dan Jennings came in and immediately let one of his inherited runners score on an Anthony Rizzo single, tying the game at 4-4.

In the bottom of the ninth, new Cubs acquisition Mike Montgomery took the hill. J.B. Shuck led off with a line drive single to center. He advanced to second base on a Dioner Navarro sacrifice bunt, and promptly scored the winning run on a Tyler Saladino walk-off RBI single.

The White Sox had lost eight of their previous nine games prior to their recent three-game walk-off winning streak. They’re now 49-50, eight games out of first place as they approach the August 1 non-waiver trade deadline.

Box scores.

Cardinals, Mets [Postponed]
Tigers 4, Red Sox 2
Rangers 7, Athletics 6
Phillies 4, Marlins 0
Yankees 2, Astros 1
Brewers 7, Diamondbacks 2
Angles 6, Royals 2
Reds 7, Giants 5
Orioles 3, Rockies 2 (10 innings)
Blue Jays 4, Padres 2
White Sox 5, Cubs 4