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)

Nationals acquire Adam Eaton from White Sox for three top prospects

MINNEAPOLIS, MN - SEPTEMBER 02: Adam Eaton #1 of the Chicago White Sox hits an RBI double against the Minnesota Twins during the ninth inning of the game on September 2, 2016 at Target Field in Minneapolis, Minnesota. The White Sox defeated the Twins 11-4. (Photo by Hannah Foslien/Getty Images)
Hannah Foslien/Getty Images
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Update (5:04 PM EST): The White Sox will receive pitchers Lucas Giolito, Reynaldo Lopez, and Dane Dunning from the Nationals, per Dan Hayes of CSN Chicago. MLB Pipeline rated them No. 1, 3, and 6 in the Nationals’ minor league system.

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Ken Rosenthal of FOX Sports reports that the Nationals are close to acquiring outfielder Adam Eaton from the White Sox. He notes that outfielder Victor Robles, the Nationals’ No. 2 prospect according to MLB Pipeline, is not included in the deal.

Eaton, 28, is signed to a very team-friendly contract. He’ll earn $4 million in 2017, $6 million in ’18, and $8.4 million in ’19. His controlling team then has a club option worth $9.5 million in 2020 with a $1.5 million buyout and a $10.5 million club option in ’21 with a $1.5 million buyout.

This past season, Eaton was worth 3.9 Wins Above Replacement according to Baseball Reference after playing significantly above-average defense while batting .284/.362/.428 with 14 home runs, 59 RBI, 91 runs scored, and 14 stolen bases in 706 plate appearances.

If the deal goes through, the Nationals would move Trea Turner from center field to shortstop. Meanwhile, the White Sox continue their teardown after trading Chris Sale to the Red Sox on Tuesday.

Marlins sign A.J. Ellis to a one-year, $2.5 million deal

NEW YORK, NY - AUGUST 28:  A.J. Ellis #34 of the Philadelphia Phillies reacts after the final out of a game against the New York Mets at Citi Field on August 28, 2016 in the Flushing neighborhood of the Queens borough of New York City.  (Photo by Jim McIsaac/Getty Images)
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ESPN’s Buster Olney reports that the Marlins have signed veteran catcher A.J. Ellis to a one-year, $2.5 million deal.

Ellis, 35, began the 2016 season with the Dodgers but went to the Phillies in the Carlos Ruiz trade near the end of August. Overall, he hit .216/.301/.298 in 196 plate appearances.

Ellis will back up J.T. Realmuto behind the dish.