Brian McNamee

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)

Cam Bedrosian weighing surgery to remove a blood clot

ANAHEIM, CA - AUGUST 2: Pitcher Cam Bedrosian #68 of the Los Angeles Angels of Anaheim throws against the Oakland Athletics during the ninth inning at Angel Stadium of Anaheim August 2, 2016, in Anaheim, California. Angels defeated the Athletics, 5-4. (Photo by Kevork Djansezian/Getty Images)
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Angels reliever Cam Bedrosian will take the next few days to decide whether or not to undergo surgery to remove a blood clot naer his right armpit, Mike DiGiovanna of the Los Angeles Times reports. The alternative is to treat the clot with blood-thinners and rest.

Bedrosian, 24, hasn’t pitched since blowing a save against the Athletics on August 3, shortly after he took over the closer’s role from the injured Huston Street. Bedrosian was diagnosed with flexor tendinitis in the middle finger of his throwing hand about a week later.

Overall, Bedrosian — the son of former major league closer Steve — has had an outstanding season, compiling a 1.12 ERA with a 51/14 K/BB ratio in 40 1/3 innings.

Shelby Miller will return to D-Backs’ rotation on Wednesday

PHOENIX, AZ - JULY 06:  Shelby Miller #26 of the Arizona Diamondbacks delivers a pitch during the first inning against the San Diego Padres at Chase Field on July 6, 2016 in Phoenix, Arizona.  (Photo by Jennifer Stewart/Getty Images)
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Nick Piecoro of the Arizona Republic reports that Shelby Miller will return to the Diamondbacks’ starting rotation on Wednesday to start against the Giants at AT&T Field.

Miller had an abysmal first half of the season, which included a stint on the disabled list with a finger injury caused by his follow-through. In 14 starts with the D-Backs this season, Miller put up a 7.14 ERA with a 50/34 K/BB ratio in 69 1/3 innings.

Miller was demoted to Triple-A Reno and made his first start shortly after the All-Star break. In eight starts in the minors, Miller compiled a much-improved 3.91 ERA with a 55/10 K/BB ratio in 50 2/3 innings.

The Diamondbacks acquired Miller along with minor leaguer Gabe Speier from the Braves this past winter in a heavily-criticized trade that sent Ender Inciarte, Aaron Blair, and 2015 No. 1 overall pick Dansby Swanson to Atlanta.