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)

Angels sign Kole Calhoun to three-year, $26 million extension

ANAHEIM, CA - SEPTEMBER 26:  Kole Calhoun #56 of the Los Angeles Angels of Anaheim runs to first base during a game against the Oakland Athletics at Angel Stadium of Anaheim on September 26, 2016 in Anaheim, California.  (Photo by Sean M. Haffey/Getty Images)
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Angels outfielder Kole Calhoun had three more years of arbitration eligibility left, but he and the Angels decided to settle that future business at once on Wednesday, agreeing to a three-year extension worth $26 million, per SB Nation’s Chris Cotillo. The contract also includes a $14 million club option for the 2020 season.

Calhoun, 29, has been a dependable right fielder for the Angels over the last three seasons, batting an aggregate .266/.327/.436 with 61 home runs and 216 RBI in 1,895 plate appearances. According to FanGraphs, Calhoun has been the ninth-most valuable right fielder in baseball since the start of the 2014 season with 11.4 Wins Above Replacement. He ranks slightly behind Giancarlo Stanton (11.9) and just ahead of J.D. Martinez (10.9).

The Angels only have a handful of players signed beyond the 2017 season — just Albert Pujols, Mike Trout, Andrelton Simmons, and Calhoun. The club has options on Ricky Nolasco and Huston Street, while many others will be eligible for arbitration.

Bryce Harper lobbies for Matt Wieters and Greg Holland

WASHINGTON, DC - OCTOBER 13: Bryce Harper #34 of the Washington Nationals reacts after hitting a single in the seventh inning against the Los Angeles Dodgers during game five of the National League Division Series at Nationals Park on October 13, 2016 in Washington, DC. (Photo by Patrick Smith/Getty Images)
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Nothing is happening as the baseball world waits four more hours for the Hall of Fame announcement. Question: why do it at 6pm? For MLB Network ratings? Let’s be real, there are “Golden Girls” reruns on third-tier basic cable that are gonna draw a bigger audience. Why not announce it now so people can get on with their lives? Oh well.

As we wait, let’s take a look in at Twitter, where Jim Bowden of ESPN passes along the rumor that the Washington Nationals are still interested in signing Matt Wieters and Greg Holland:

Great to know that the Nats’ baseball operations budget is dictated by its capital expenditures. Maybe they shoulda been smart like the Braves and suckered — er, I mean negotiated the local government to pay more for it? GO BRAVES!

Anyway, Bryce Harper had a response to that:

I take that to mean that he’d take the money used to construct the team store and give to Wieters and Holland. I haven’t seen the budget breakdown for the new spring training facility, but that would probably mean a major pay cut for Wieters and Holland. And where would we buy our “Make Baseball Great Again” caps? Think ahead, Bryce. Play the long game here.