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.

Watch: Cody Bellinger breaks NL rookie home run record

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Cody Bellinger helped the Dodgers to their first lead on Friday night, going deep for his 39th home run of the season and setting a new National League rookie home run record in the process. With two on and two out in the third inning, the Dodgers’ slugger launched a 2-1 pitch from the Giants’ Jeff Samardzija, skimming the right field fence to give the team a three-run cushion:

The three-run bomb was Bellinger’s sixth of the season. In what is undoubtedly a Rookie of the Year award-worthy campaign, he’s logged 21 solo shots, 11 two-run blasts and a single grand slam. His historic home run topped former NL rookie leaders Frank Robinson and Wally Berger, at 38 homers apiece.

The Dodgers need to stay on top of the Giants to clinch the NL West or, barring that, have the Marlins pull off a win over the Diamondbacks. They currently lead the Giants 4-1 in the bottom of the fifth inning. The Marlins, meanwhile, are staying just ahead of the D-backs with a 9-7 lead in the top of the sixth.

Report: Derek Jeter and Bruce Sherman initiate Marlins’ staff cuts

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A report from Barry Jackson and Clark Spencer of the Miami Herald reveals that prospective Marlins’ owners Derek Jeter and Bruce Sherman have already initiated several key firings within the organization. While the sale of the team is still pending final approval next month, Jeter reportedly pushed club president David Samson to remove four special assistants this week: Andre Dawson, Tony Perez, Jack McKeon and Jeff Conine.

Hall of Fame infielder Dawson, outfielder Perez and Marlins’ legend Conine served as special assistants to the president. McKeon, who served as team manager from 2003-2005 (and briefly in 2011), was terminated from a 12-year post as special assistant to owner Jeffrey Loria.

The move didn’t come as a big surprise to Dawson and McKeon, Jackson and Spencer noted. It’s part and parcel of dealing with new ownership. But it was disappointing news nonetheless, especially as the long-tenured McKeon might lose an opportunity to return next September to manage one game and cement his status as the oldest manager in MLB history.

Should the Marlins’ sale go through in October as expected, this figures to be the beginning of several cuts. Per Jackson and Spencer:

Jeter also is expected to fire some people on the baseball side of the operation, though it’s believed president/baseball operations Michael Hill will be retained, at least indefinitely if not permanently.

Any replacements for those already released from the team have yet to be announced.