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)

Bruce Maxwell is the first MLB player to take a knee during the National Anthem

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Athletics’ rookie catcher Bruce Maxwell did not stand for the National Anthem on Saturday night. He’s the first MLB player to do so and, like other professional athletes before him, used the moment to send a message — not just to shed light on the lack of racial equality in the United States, but to specifically protest President Donald Trump’s suggestion that NFL owners fire any of their players who elect to protest the anthem by sitting or kneeling.

“Bruce’s father is a proud military lifer. Anyone who knows Bruce or his parents is well aware that the Maxwells’ love and appreciation for our country is indisputable,” Maxwell’s agent, Matt Sosnick, relayed to the San Francisco Chronicle’s Susan Slusser on Friday. He continued:

Bruce has made it clear that he is taking a stand about what he perceives as racial injustices in this country, and his personal disappointment with President Trump’s response to a number of professional athletes’ totally peaceful, non-violent protests.

Bruce has shared with both me and his teammates that his feelings have nothing to do with a lack of patriotism or a hatred of any man, but rather everything to do with equality for men, women and children regardless of race or religion.

While Maxwell didn’t make his own statement to the media, he took to Instagram earlier in the day to express his frustration against the recent opposition to the protests, criticizing the President for endorsing “division of man and rights.”

Despite Trump’s profanity-laced directive to NFL owners on Friday, however, it’s clear the Athletics don’t share his sentiments. “The Oakland A’s pride ourselves on being inclusive,” the team said in a statement released after Maxwell’s demonstration. “We respect and support all of our players’ constitutional rights and freedom of expression.”

Whatever the fallout, kudos to Maxwell for taking a stand. He may be the first to do so in this particular arena, but he likely won’t be the last.

Alex Wilson broke his leg on a 103-MPH comebacker

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This one is brutal. Tigers’ right-handed reliever Alex Wilson was diagnosed with a broken leg after taking a blistering 103.8-MPH line drive off of his right leg during Saturday’s game against the Twins. According to the Detroit News’ Chris McCosky, it’s a non-displaced fibular fracture, but will still warrant an extended recovery period and signal the end of Wilson’s season.

Wilson replaced Drew VerHagen to start the eighth inning and worked a full count against Joe Mauer. Mauer roped an 93.3-MPH fastball back up the middle, where it struck the pitcher on his right calf. While Mauer took first base, Wilson got to his feet and tried to toss a warm-up pitch, but was in too much pain to continue and had to be helped off the field.

Even in a season that isn’t going anywhere in particular, this isn’t how you want it to end. The Tigers have yet to announce a recovery timetable for the 30-year-old reliever, but he won’t return to the mound until 2018. He exited Saturday’s outing with a 4.35 ERA, 2.3 BB/9 and 6.3 SO/9 over 60 innings.

The Tigers currently trail the Twins 10-3 in the bottom of the ninth inning.