Roger Clemens wants the jury to know how bad a dude Brian McNamee is


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)

Report: Athletics sign Trevor Cahill to one-year deal

Getty Images
1 Comment

Free agent right-hander Trevor Cahill reportedly has a one-year deal in place with the Athletics, according to’s Jane Lee. The exact terms have yet to be disclosed, and as the agreement is still pending a physical, it has not been formally announced by the club.

Cahill, 30, is coming off of a decent, albeit underwhelming year with the Padres and Royals. He kicked off the 2017 season with a 4-3 record in 11 starts for the Padres, then split his time between the rotation and bullpen after a midseason trade to the Royals. By the end of the year, the righty led the league with 16 wild pitches and had racked up a 4.93 ERA, 4.8 BB/9 and 9.3 SO/9 in 84 innings for the two teams.

The A’s found themselves in desperate need of rotation depth this week after Jharel Cotton announced he’d miss the 2018 season to undergo Tommy John surgery. Right now, the team is considering some combination of Andrew Triggs, Daniel Gossett, Daniel Mengden and Paul Blackburn for the back end of the rotation — a mix that seems unlikely to change in the last two weeks before Opening Day, as Lee points out that Cahill won’t be ready to shoulder a full workload by then. Instead, he’s expected to begin the year in the bullpen and work his way up to a starting role, where the A’s hope he’ll replicate the All-Star numbers he produced with them back in 2010.