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)

Travis d’Arnaud’s position in Wednesday’s box score read “3B-2B-3B-2B-3B-2B-3B-2B-3B-2B-3B-2B-3B-2B-3B-2B-3B-2B”

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The Mets had to scratch both Jose Reyes and Wilmer Flores an hour before Wednesday’s game against the Yankees due to ribcage injuries, so Travis d'Arnaud — normally a catcher — borrowed David Wright‘s glove and played third base for the first time in his career. He had played some third base in spring training, but as far as an official professional game goes, he’s never been there.

The first two batters the Yankees sent up to the plate in the first inning were left-handed. But when the right-handed Aaron Judge came up, manager Terry Collins swapped second baseman Asdrubal Cabrera with d’Arnaud. It became a thing. The two swapped once more in the first inning, three times in the second, once in the third, five times in the fourth, once in the fifth, three times in the sixth, four times in the seventh, once in the eighth, and twice in the ninth. It worked, as d’Arnaud didn’t have an opportunity to make a play until catching Todd Frazier‘s pop-up for the first out of the ninth inning — as a second baseman. Cabrera had a handful of opportunities, including immediately after having swapped with d’Arnaud.

The Mets lost 5-3. At the plate, d’Arnaud went 0-for-3 with a sacrifice fly. Cabrera was 1-for-4.

Matt Reynolds and Gavin Cecchini are being recalled from Triple-A Las Vegas so the Mets don’t have to do the “3B-2B shenanigans,” as MLB.com’s Anthony DiComo put it, again.

John Lackey stole the first base of his career

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Cubs starter John Lackey stole the first base of his 15-year career on Wednesday against the Reds. Of course, he spent the first 11 and a half years of his career in the American League, where opportunities to bat, let alone attempt to steal a base, were rare. Lackey entered Wednesday having taken 250 plate appearances, reaching base just 31 times on 17 singles, seven doubles, and seven walks for a .134 on-base percentage. One can imagine the 38-year-old is not exactly the swiftest base runner.

Still, Lackey managed to swipe a bag in the fourth inning. He singled with two outs against Homer Bailey. Then, with an 0-1 count on Ben Zobrist, Lackey broke for second even before Bailey began his windup. Tucker Barnhart stood up to alert Bailey that Lackey was running, so Bailey wheeled around and threw to second base, but Lackey slid into the bag easily safe. It wasn’t a pretty slide, but it did the job.

Lackey, however, was picked off of second base by Barnhart later that inning. Bailey threw a 3-2 fastball wide of the strike zone, walking Zobrist. Lackey had wandered too far off of second base, so Barnhart threw behind Lackey and the tag was applied by Zack Cozart. Lackey was called safe initially. The play was reviewed and the ruling on the field was overturned, ending the fourth inning.

Base Ba’al giveth and Base Ba’al taketh away.