Rusty Hardin

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


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 Indians will put Danny Salazar on the World Series roster

CLEVELAND, OH - SEPTEMBER 04: Danny Salazar #31 of the Cleveland Indians pitches against the Miami Marlins in the first inning of their interleague game at Progressive Field on September 4, 2016 in Cleveland, Ohio. The Indians defeated the Marlins 6-5.  (Photo by David Maxwell/Getty Images)
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The story of the Indians postseason cannot be told without talking about injuries to starting pitchers Carlos Carrasco and Danny Salazar. They have forced Terry Francona to lean even harder on his bullpen than he otherwise may have and have cause the Indians to press rookie Ryan Merritt into service.

But Cleveland will be getting at least one of their starters back: Indians pitching coach Mickey Callaway that Danny Salazar will be part of the World Series roster.

Salazar has not pitched since early September due to a strained right flexor muscle, but according to Callaway, Salazar is ready to throw 65-70 pitches in a game. That could mean a start, probably in Game 4 after Corey Kluber, Trevor Bauer and Josh Tomlin. Merritt was a possible Game 4 starter, but he could either pair up with Salazar in a tandem start or serve in long relief.

Will Kyle Schwarber DH for the Cubs in the World Series?

CHICAGO, IL - AUGUST 16:  Injured player Kyle Schwarber #12 of the Chicago Cubs is seen in the dugout before a game against the Milwaukee Brewers at Wrigley Field on August 16, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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Cubs’ left fielder Kyle Schwarber missed virtually the entire 2016 season due to torn knee ligaments, but he has been working his way back to health more quickly than initially expected. Indeed, he has been playing for the Cubs in the Arizona Fall League, serving as a DH. Many have speculated that the Cubs will activate him for the World Series.

Today, at his World Series media session, Cubs manager Joe Maddon said that reports from Arizona are good on Schwarber and that the he will fly to Cleveland to join the team after tonight’s game in Arizona. Maddon says the team will make a decision on activating him once he arrives. The Cubs have until tomorrow morning to set their World Series roster.

Our guess is that Schwarber will get the call and will serve as the DH for the Cubs in Games 1, 2 and, if necessary, 6 and 7 in Cleveland. If so, a lost season could very quickly turn into a storybook season for the Cubs’ young slugger.