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)

CC Sabathia wants to pitch beyond 2017

BOSTON, MA - SEPTEMBER 18: CC Sabathia #52 of the New York Yankees pitches during the fifth inning against the Boston Red Sox at Fenway Park on September 18, 2016 in Boston, Massachusetts. The Red Sox won 5-4. (Photo by Rich Gagnon/Getty Images)
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CC Sabathia‘s contract with the Yankees expires after the 2017 season but the lefty feels that he has enough left in the tank to pitch in 2018 and beyond, Mark Feinsand of the New York Daily News reports.

Sabathia said, “I just know myself. I know I feel like it’s not my time yet. Barring any crazy injuries I know I can pitch past next year. I feel like this is just the beginning of what I’m trying to do. I feel like there’s a lot more still to learn and a lot better to get. It’s exciting.”

The 36-year-old lefty currently holds a 4.02 ERA and a 144/63 K/BB ratio in 172 1/3 innings. It’s his best and healthiest season since 2012. He battled a knee injury last season and checked into rehab for alcohol addiction last October. Sabathia said that being treated for his addiction put him “in a good spot.”

Sabathia is owed $25 million through a vesting option for the 2017 season.

Red Sox lose on Mark Teixeira’s walkoff grand slam, but still clinch AL East

NEW YORK, NY - SEPTEMBER 28:  Dustin Pedroia #15 and pinch runner Marco Hernandez #41 of the Boston Red Sox celebrate after both scored in the eighth inning against the New York Yankees at Yankee Stadium on September 28, 2016 in the Bronx borough of New York City.  (Photo by Jim McIsaac/Getty Images)
Jim McIsaac/Getty Images
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The Red Sox can thank the Orioles for not having to fight to clinch the division on Thursday or later. The Orioles came from behind to defeat the Blue Jays 3-2 on Wednesday evening, clinching the AL East for the Red Sox.

A few minutes after that game went final, the Red Sox squandered a 3-0 lead taken in the eighth inning, culminating in a walk-off grand slam by Mark Teixeira in the bottom of the ninth inning. Closer Craig Kimbrel started the ninth, but didn’t have control over any of his pitches. He allowed a leadoff single followed by three consecutive walks to force in a run. Joe Kelly relieved Kimbrel and seemed to be close to wriggling out of the jam, getting Starlin Castro to strike out looking and Didi Gregorius to pop up. But after starting Teixeira with a first-pitch curve ball for a strike, Teixera clobbered a 99 MPH fastball, sending it over the fence in right-center to end the game.

For the Yankees, the come-from-behind victory was crucial as it staved off Wild Card elimination for one more day.

This is the first time the Red Sox have clinched the AL East since 2013, also the last year they won the World Series.