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.

CC Sabathia wants to pitch beyond 2017

BOSTON, MA - SEPTEMBER 18: CC Sabathia #52 of the New York Yankees pitches during the fifth inning against the Boston Red Sox at Fenway Park on September 18, 2016 in Boston, Massachusetts. The Red Sox won 5-4. (Photo by Rich Gagnon/Getty Images)
Rich Gagnon/Getty Images
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CC Sabathia‘s contract with the Yankees expires after the 2017 season but the lefty feels that he has enough left in the tank to pitch in 2018 and beyond, Mark Feinsand of the New York Daily News reports.

Sabathia said, “I just know myself. I know I feel like it’s not my time yet. Barring any crazy injuries I know I can pitch past next year. I feel like this is just the beginning of what I’m trying to do. I feel like there’s a lot more still to learn and a lot better to get. It’s exciting.”

The 36-year-old lefty currently holds a 4.02 ERA and a 144/63 K/BB ratio in 172 1/3 innings. It’s his best and healthiest season since 2012. He battled a knee injury last season and checked into rehab for alcohol addiction last October. Sabathia said that being treated for his addiction put him “in a good spot.”

Sabathia is owed $25 million through a vesting option for the 2017 season.

Red Sox lose on Mark Teixeira’s walkoff grand slam, but still clinch AL East

NEW YORK, NY - SEPTEMBER 28:  Dustin Pedroia #15 and pinch runner Marco Hernandez #41 of the Boston Red Sox celebrate after both scored in the eighth inning against the New York Yankees at Yankee Stadium on September 28, 2016 in the Bronx borough of New York City.  (Photo by Jim McIsaac/Getty Images)
Jim McIsaac/Getty Images
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The Red Sox can thank the Orioles for not having to fight to clinch the division on Thursday or later. The Orioles came from behind to defeat the Blue Jays 3-2 on Wednesday evening, clinching the AL East for the Red Sox.

A few minutes after that game went final, the Red Sox squandered a 3-0 lead taken in the eighth inning, culminating in a walk-off grand slam by Mark Teixeira in the bottom of the ninth inning. Closer Craig Kimbrel started the ninth, but didn’t have control over any of his pitches. He allowed a leadoff single followed by three consecutive walks to force in a run. Joe Kelly relieved Kimbrel and seemed to be close to wriggling out of the jam, getting Starlin Castro to strike out looking and Didi Gregorius to pop up. But after starting Teixeira with a first-pitch curve ball for a strike, Teixera clobbered a 99 MPH fastball, sending it over the fence in right-center to end the game.

For the Yankees, the come-from-behind victory was crucial as it staved off Wild Card elimination for one more day.

This is the first time the Red Sox have clinched the AL East since 2013, also the last year they won the World Series.