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.

Report: Padres working on trading Andrew Cashner

ST. LOUIS, MO - JULY 21: Starter Derek Norris #3 of the San Diego Padres pitches against the St. Louis Cardinals in the first inning at Busch Stadium on July 21, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
Dilip Vishwanat/Getty Images
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Jon Morosi of FOX Sports and MLB Network reports that the Padres are working to trade starter Andrew Cashner. He notes that a deal may be consummated before he takes the hill for Tuesday’s start in Toronto against the Blue Jays. The Marlins, Orioles, and Rangers have had reported interest in Cashner.

Cashner is 4-7 with a 4.79 ERA and a 61/27 K/BB ratio in 73 1/3 innings. He missed over three weeks between June 11 and July 2 due to a strained neck.

The right-hander is earning $9.625 million this season and will be eligible for free agency after the season.

Nationals activate Ryan Zimmerman from the disabled list

LOS ANGELES, CA - JUNE 22:  Ryan Zimmerman #11 of the Washington Nationals reacts to his run to tie the score 1-1 with the Los Angeles Dodgers during the second inning at Dodger Stadium on June 22, 2016 in Los Angeles, California.  (Photo by Harry How/Getty Images)
Harry How/Getty Images
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The Nationals announced on Tuesday that the club activated first baseman Ryan Zimmerman from the 15-day disabled list. Zimmerman had been out since July 7 with a strained rib cage on the left side.

Zimmerman has been inserted in the sixth spot in Tuesday’s lineup against the Indians. The veteran went on the DL with a lackluster .221/.284/.402 triple-slash line with 12 home runs and 38 RBI in 313 plate appearances.

Clint Robinson and Daniel Murphy split time at first base in Zimmerman’s absence, which allowed Trea Turner to get regular playing time at second base. Turner will play center field on Tuesday night.

The Nationals also activated pitcher Sammy Solis from the disabled list. Solis had been out since July 7 with inflammation in his right knee.