Roger Clemens wants the jury to know how bad a dude Brian McNamee is

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Roger Clemens’ lawyers filed a motion yesterday asking to be allowed to tell the jury just how bad a dude Clemens’ main accuser — Brian McNamee — really is.  It came in the form of an opposition to the government’s motion in limine, which is the government’s attempt to keep the jury from hearing about just how bad a dude McNamee is.  This is a really, really important motion. I’ll explain why in a second. But first, the legal setting:

The issue of whether a witnesses’ past bad acts can be mentioned comes up in tons of cases, especially criminal ones. At issue is always the same argument: one side says that just because the witness has been involved in some past shadiness doesn’t mean that what he’s saying isn’t true, so mentioning that shadiness is unfair and could unduly prejudice the jury. Underlying all of this is the notion that, hey, criminals associate with scumbags, and if every witness’ dirty laundry were aired, it would be really hard to get convictions. Let us put a bad guy on the stand so we can get a worse guy, OK?

The other side says, nope, that past shadiness goes to the witnesses’ credibility, and the jury can’t properly weigh his testimony unless they know who they’re dealing with. Sometimes the past acts are allowed into evidence (in the form of cross examination) sometimes not (the cross examiner is not allowed to say anything). It’s up to the judge.

But while this is a common fight, in the Roger Clemens case it is an extremely critical one. Indeed, the entire case likely turns on it.  Why? Because the government’s entire case is based on Brian McNamee, really, and if he is not believed by the jury — if they think he is not credible and/or generally sleazy — it’s virtually certain that Clemens will skate.

So what is it that the government doesn’t want the jury to know about Brian McNamee?

One of them we’ve talked about at length: McNamee was once questioned by police in Florida about a rape allegation. While there were never any charges filed, the police did note in their report that they believed he was lying to them.  That could be highly relevant in terms of McNamee’s credibility — if he’d lie to cops, why wouldn’t he lie to investigators, Congress or this jury? — but because the rape angle is so sensational, any information the jury could use about McNamee’s credibility could conceivably be outweighed by their visceral reaction to the context.  That will be a tough call for the judge.

But there are more.  In the motion, Clemens’ lawyers make reference to the following:

“… police misconduct at the NYPD, purported substance abuse and addiction, a conviction for driving while intoxicated, indebtedness and collection actions, tax fraud, prescription drug fraud and distribution, loan fraud, and breaking and entering.”

Some of that stuff is clearly out because it’s only possible use is to make McNamee look like a scumbag. Some of it, however, like fraud, could go to the man’s credibility and propensity to lie and/or concoct phony evidence such as syringes stored in soda cans.

The prosecution’s case in chief is currently underway and McNamee will soon take the stand, so the judge is going to have to decide all of this soon.  And given how important McNamee is as a witness, when he does, he may very well be deciding Roger Clemens’ legal fate.

(link via David Nieporent at BTF)

Report: Blue Jays and Royals making progress on a Francisco Liriano trade

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Jon Morosi reports that the Blue Jays and Royals are making progress on a trade involving starter Francisco Liriano. Morosi notes that other teams are still involved with the Jays on Liriano as well.

Liriano, 33, has struggled mightily this season. He carries a 5.99 ERA with a 70/42 K/BB ratio over 76 2/3 innings. By most metrics, this is one of the worst seasons of the lefty’s career.

The Royals acquired a trio of pitchers earlier this week from the Padres: Brandon Maurer, Ryan Buchter, and Trevor Cahill. Adding Liriano would bolster the team’s rotation depth but might not do much beyond that.

Despite a sluggish start to the season, the Royals went 17-9 in June and are 14-8 in July to put themselves right back in the thick of things in the AL Central. They’re just one and a half games behind the first-place Indians, which explains their aggressiveness leading up to Monday’s non-waiver trade deadline.

The Marlins are open to trading starter Dan Straily

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Jeff Passan of Yahoo Sports reports that the Miami Marlins are “now open to trading” starter Dan Straily.

Straily is controllable through 2020 and is a solid mid-to-back rotation starter, so you’d think the Marlins would want to hang on to him, but given that all of the starting pitching available right now comes with a high price tag, the Marlins could probably get a lot in return if they were to deal him.

Straily has a 3.84 ERA and a 107/33 K/BB ratio in 117 1/3 innings this season.