Rusty Hardin

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

12 Comments

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.

A-Rod to host a reality show featuring broke ex-athletes

NEW YORK, NY - AUGUST 12: Alex Rodriguez #13 of the New York Yankees answers question in a press conference after the game against the Tampa Bay Rays at Yankee Stadium on August 12, 2016 in New York City. (Photo by Drew Hallowell/Getty Images)
Getty Images
Leave a comment

Alex Rodriguez’s transition into retirement has featured a serious move into the business world. He has gone back to school, worked seriously on investments and has started his own corporation. Yes, he’s set for life after making more money than any baseball player in history, but even if his bank account wasn’t fat, you get the sense that he’d be OK given what we’ve seen of his work ethic and savvy in recent years.

He’s going to be getting another paycheck soon, though. For hosting a reality show featuring athletes who are not in as good a financial shape as A-Rod is:

Interesting. Hopefully, like so many other reality shows featuring the formerly rich and famous, this one is not exploitative. Not gonna hold my breath because that’s what that genre is all about, unfortunately, but here’s hoping A-Rod can help some folks with this.

Great Moments in Not Understanding The Rules

screen-shot-2017-01-17-at-10-02-33-am
6 Comments

Bill Livingston of the Cleveland Plain Dealer is a Hall of Fame voter. In the past he has voted for players who used PEDs, but he’s never been totally happy with it, seeing the whole PED mess as a dilemma for voters.

On the one hand he doesn’t like voting for users and doesn’t like harming those who were clean by shifting votes away from them, but on the other hand, he doesn’t want to pretend history didn’t happen and that baseball hasn’t been filled with cheaters forever. What to do?

This year he decided to abstain altogether. A fair and noble act if one is as conflicted as Livingston happens to be. Except . . . he didn’t actually abstain:

Major league baseball will confer bronzed immortality on a few players Wednesday when the results of the national baseball writers’ balloting for the Hall of Fame will be announced.

I had a 2017 ballot. I returned it signed, but blank, with an explanatory note.

A blank ballot, signed and submitted, is not an abstention. It’s counted as a vote for no one. Each “no” vote increases the denominator in the calculation of whether or not a candidate has received 75% of the vote and has gained induction. An abstention, however, would not. So, in effect, Livingston has voted against all of the players on the ballot, both PED-tainted and clean, even though it appears that that was not his intention.

This is the second time in three years a Cleveland writer has had . . . issues with his Hall of Fame ballot. In the 2014-15 voting period, Paul Hoynes simply lost his ballot. Now Livingston misunderstood how to abstain.

I worry quite often that Ohio is gonna mess up a major election. I guess I’m just worrying about the wrong election.