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)

The Braves are banning outside food. And they’re probably lying about why they’re doing it.

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Here’s a thing a lot of people don’t realize: there are a lot of ballparks that allow you to bring in outside food.

Not all of them, but a lot do. They don’t publicize it, obviously, because they want you to buy their expensive food, but if you go to the concessions policy page on most team’s websites, you can get the scoop. It often lists “soft-sided coolers” under “permitted items,” which is code for “yes, you can bring your own food in.” Some may specifically limit THAT to sealed plastic water bottles, but for the most part, if you can bring soft-sided coolers into the park, that means it’s OK to bring in grandma’s potato salad and a few sandwiches. They may check your coolers, of course, to make sure you’re not bringing in alcohol or whatever.

The Atlanta Braves have always allowed food into the ballpark. But thats going to change in shiny new Sun Trust Park. The AJC reports that the Braves have announced a new policy via which ticket holders will not be allowed to bring in outside food. Exceptions will be made for infant food and for special dietary restriction items.

Which, OK, it’s their park and their rules. If they want to cut out the PB&J for junior and force you to buy him a $9 “kids pack” — or if they want you to forego grandma’s potato salad to buy that pork chop sandwich we mentioned yesterday — that’s their choice. Everything else about the Braves new stadium has been about extracting money from fans, so why not the concessions policy too?

My beef with this is less about the policy. It’s about their stated reason for it:

The changes are a result of tighter security being put into place this season throughout the league, said the Braves spokesperson.

This, as the French say, is horses**t.

We know it is because not all teams are prohibiting outside food. If there are tighter security measures across the board, other teams are implementing them without the food restriction. Even the Yankees, who take security theater to extreme heights as it is, are still allowing fans to bring in their own food.

The Braves, I strongly suspect, are using these measures as an excuse to cut down on competition for their concessions. Which, like I said, go for it. Just be honest about what you’re doing and stop blaming “tightened security” for your cash grab.

Yadier Molina says Adam Jones “has to apologize to the Puerto Rican people”

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After the U.S. won the World Baseball Classic on Wednesday night, Adam Jones told a reporter that he and his teammates were motivated in part by the fact that Puerto Rico already had championship t-shirts printed up and plans for a parade/celebration in Puerto Rico in place beforehand.

Which, OK, whatever you need to motivate you, Adam, but all of that seems complicated by the fact that (a) ALL teams playing for a championship have pre-printed gear, thus enabling them to be put on moments after the final out; and (b) Puerto Rico’s celebration plans were not contingent on winning or losing. In fact, they went ahead and had a parade/celebration even though they lost. The WBC was a big deal to them in ways it simply wasn’t to the U.S., so it makes sense.

Yadier Molina of Team Puerto Rico did not take kindly to Jones’ comments. He tells ESPN Deportes this:

“Adam Jones … is talking about things he doesn’t know about,” Molina told ESPN. “He really has to get informed because he shouldn’t have said those comments, let alone in public and mocking the way [preparations] were made . . . He has to apologize to the Puerto Rican people,” Molina said. “Obviously, you wanted to win; he didn’t know what this means to [our] people.”

Kind of a messy little controversy, eh?

My feeling about it is that Jones probably didn’t know the whole story about Puerto Rico’s plans and misinterpreted celebration for arrogance. I also suspect that most players motivate themselves in all manner of irrational ways like this, but we just don’t hear about it all that much. Jones can do whatever he wants to psych himself up, but it changes the equation a bit when you talk about it to the press. Perceived slights that an athlete uses internally can seem petty once exposed to the light of day.

Either way: Jones does not have a reputation for being insulting or disrespectful, so I seriously doubt that was his intent here. I also think that, while Molina has a right to be miffed, the “he must apologize to the Puerto Rican people” thing is laying it on a bit thick. Maybe Jones can just text Molina and some P.R. players and say he was sorry, followed by a “we’re all good, man” and this can end? That makes the most sense.

If not, well, the Orioles do play the Cardinals in an interleague series this summer, so maybe we’ll see some fireworks.