Rusty Hardin

Roger Clemens’ legal strategy: claim that Brian McNamee framed him

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This may be something Clemens and his attorney, Rusty Hardin, floated some time ago. But the case, in one form or another, has been going on for over four years now, and I sort of lose track of these things.

In any event, during opening statements this morning, Hardin explained what his story is going to be about how Roger Clemens’ DNA got mixed up with all of those delicious steroids on the syringe that Brian McNamee kept in a used soda can for years:

Roger Clemens’ defense lawyer tells jurors that evidence purportedly showing the pitcher used steroids was manipulated by his former strength coach, Brian McNamee.

Rusty Hardin said in his opening statement Tuesday at Clemens’ perjury trial that evidence collected by McNamee was a “mixed up hodgepodge of garbage.”

Hardin says his team will contend that McNamee mixed steroids with Clemens’ DNA into a needle to frame the star pitcher. Hardin said that McNamee had used the needle to inject Clemens with vitamin B-12.

Hardin is playing defense, of course, so he doesn’t have to prove that McNamee doctored the evidence. He just has to introduce the possibility to jurors and have them believe that it is at least reasonable.  And given that McNamee has some pretty serious credibility problems, it shouldn’t be as hard to spin this tale with him as it might be with a different witness.

Still: one of the first things they teach you as a trial lawyer is that if you promise big in an opening statement, you had better deliver or else the jury won’t believe anything else you say.  So Hardin had better beat the living hell out of McNamee at trial, or else his opening statement is going to look like nothing but empty promises and baloney.

The Rangers trade Chris Gimenez to the Indians

Texas Rangers' Chris Gimenez, left, and Rougned Odor celebrate Gimenez scoring during the fourteenth inning of Game 2 in baseball's American League Division Series, Friday, Oct. 9, 2015, in Toronto. Texas won 6-4. (Darren Calabrese/The Canadian Press via AP) MANDATORY CREDIT
Associated Press
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The Cleveland Indians just announced that they’ve acquired catcher Chris Gimenez from the Texas Rangers in exchange for cash considerations.

Gimenez knows his way to Progressive Field. Indeed, this will be his third stint with the Indians organization. He was their 19th round pick in the 2004 draft, made his big league debut with the club in 2009 and stayed through the 2010 season. He came back in 2014 for eight games, now he’s back again. He has yet to play in 2016 due to a ankle issue. He as doing minor league rehab before being DFA’d by the Rangers yesterday.

Come back to Cleveland, Chris. You always will have a home in Cleveland.

The Dodgers suspend Erisbel Arruebarrena for the season. Again.

Erisbel Arruebarrena
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Last year the Dodgers suspended infielder Erisbel Arruebarrena for the remainder of the season“for repeated failures to comply with his contract.” Arreubarrena appealed his suspension to Major League Baseball and it was reduced to thirty days, though that was said to be a settlement between Arruebarrena and the Dodgers as opposed to a full adjudication.

Here we go again: Gabe Kapler, the Dodgers Director of Player Development, just announced that the Dodgers have suspended Arruebarrena for the rest of 2016 “for repeated failure to comply with the terms of his contract.” No further specifics were given.

Arruebarrena was signed out of Cuba to to a five-year, $25 million deal back in 2013. He played in 22 games in the bigs in 2014, hitting .195. He was dropped from the 40-man roster after that season, however, and after his suspension last year managed to only play in 53 games across three levels. He hit better, but none of his action was above Double-A and he was 25 at the time. He’s played 17 games at Double-A this year and isn’t hitting.

What he was or was not doing with respect to his contract is unclear at the moment, but this isn’t exactly the kind of thing that happens on a daily basis, especially with dudes under contract for $25 million, so we’ll probably hear more eventually.

Braves’ Markakis misses game because of family emergency

Nick Markakis, Nick Swisher
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NEW YORK (AP) Braves right fielder Nick Markakis has left the team because of a family emergency.

Manager Fredi Gonzalez said before Wednesday’s game against the Mets that Markakis had headed home to Maryland. The veteran is expected to be back in time for Friday’s home game against Arizona. Atlanta is off Thursday.

Chase d’Arnaud is starting in right field and Mallex Smith is leading off Wednesday.

Markakis is hitting .281 with no home runs and 20 RBIs.

Report: more major league PED suspensions coming soon

FILE - In this May 30, 2007 file photo a blister with the steroid Oral-Turinabol is displayed in Dresden, eastern Germany. Oral-Turinabol was the main drug in the state-controlled doping in former East Germany.    (AP Photo/Matthias Rietschel, file)
Associated Press
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T.J. Quinn of ESPN’s Outside the Lines reports that another major leaguer — or possibly several of them — will soon be suspended for PEDs. He says that, as was the case with Chris Colabello and others recently, the drug will be Turinabol, which is an old school anabolic steroid. Quinn says that improved testing procedures, which he details in the article, are a likely reason for the spike in Turinabol positives, though it’s also possible that there is a tainted supplement being taken, though he deems that speculative.

What isn’t mentioned is . . . how an ESPN reporter knows a positive test is coming when the drug testing program is supposed to be confidential. Someone with the league or the union must be telling him, right? That’s sort of messed up, no? Will MLB investigate who is leaking such things?

Whatever the case, we’ll soon have a new police blotter item, it seems.