Andy Pettitte to be deposed in Brian McNamee’s defamation suit against Roger Clemens

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What, you thought this ended last year? Ha! Justice can move slowly in the criminal justice system, but it crawls like an injured sloth in the civil justice system. And that’s the system through which Roger Clemens’ former trainer — Brian McNamme — finds himself as he sues Clemens for defamation arising out of the events of early 2008.

You remember early 2008, don’t you? The Mitchell Report came out and Roger Clemens was accused as a user. Rather than shrug and have it be the end of things like it was for Andy Pettitte and others, Clemens launched a bizarre and ill-advised media campaign against his chief accuser, Brian McNamee, during which he called McNamee all manner of not nice things, with “liar” being the least of ’em. This was all occasioned by weird press conferences and appearances on “60 Minutes” and flawed power point presentations and taped phone calls and congressional testimony and, ultimately, a perjury trial which Clemens escaped without criminal conviction but without much of his reputation left intact.

Pettitte has been key to all of this, of course. Pettitte told McNamee that Clemens said he used HGH. McNamee told Congress and prosecutors that Pettitte said this. Then Pettitte walked into a criminal trial and created all of the reasonable doubt Clemens needed when he said he was only “50/50” as to whether Clemens ever admitted anything. I’m sure the government was pleased with all of that. Of course, he didn’t exactly change his testimony — everyone said he did but he didn’t. Whatever you think of that, though, his testimony made life kinda hard for everyone.

Despite all of this, lawyers are still willing to call him to take an oath about all of this. He could testify as early as next week. I’ll be curious to hear if he is any more sure of Clemens’ statements now than he was last year or five years ago.

No matter what happens here, I’m still trying to figure out how Brian McNamee proves damages out of all of this. Irrespective of who was telling the truth and who was lying (for the record I figure Clemens was lying and McNamee telling the truth), how does a person show reputation damages via defamation when the only reason anyone knows who he is is because he was listed in the Mitchell Report as one of the most famous purveyors of steroids in the country? A drug dealer who also wrote an article in the New York times lying his butt off about steroids. A lying, op-ed writing drug dealer who also was tied up in an alleged date-rate-drug sexual assault in a pool about which he later lied to police? How does that damages case even look?

“Ladies and gentlemen of the jury; my client was once thought of as a lying, drug dealing perv. Then along came Roger Clemens, who told the whole world that my client had never given him drugs! He’s been ruined by this! Please, see to it that he compensated for the loss of his good name.”

In short: even if he proves the lie, how does he prove the reputation damages?

And That Happened: Sunday’s Scores and Highlights

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Good morning. I hope your Memorial Day is safe and meaningful. Here are what sound like some good thoughts about all of that. In the meantime, here are the scores. Here are the highlights:

White Sox 7, Tigers 3: Miguel Gonzalez took a perfect game into the seventh inning as the Chisox take three of four from the Tigers. Many baseball experts think that Memorial Day is the point of the baseball season when the early season mirages begin to dissipate and the shape of the season truly begins to take form. I think the wild card and overall parity has altered that some, pushing the date of baseball reality well into the summer, but it’s worth noting that the White Sox are only two games worse than the Cubs right now and have a better pythagorean record.

Dodgers, 9, Cubs 4: Cody Bellinger and Kiké Hernandez each hit three-run homers as the Dodgers offense compensates for a rare bad Clayton Kershaw start (4.1 IP, 4 R, 11 H, 3 HR). He’s allowed to have a bad day, though, I suppose. Jon Lester‘s was worse (3.1 IP, 7 H, 6 R, 2 HR).

Brewers 9, Diamondbacks 5: That Chicago thing is weird, but how many of you had the Milwaukee Brewers in first place come Memorial Day? They are — 1.5 games up on both the Cards and Cubs. Here Domingo Santana hit his first career grand slam and Jimmy Nelson struck out ten over seven innings.

Yankees 9, Athletics 5: Aaron Judge hit a grand slam and now sits at .321/.422/.679 and is on pace for 55 homers. His minor league track record suggested he’d be good, but I don’t think many folks expected him to be this good this fast. Meanwhile, Michael Pineda picked up his sixth win. He had six wins in all of 2016.

Rangers 3, Blue Jays 1: The Rangers snap a five-game losing streak as Joey Gallo‘s 15th homer broke a 1-1 tie in the fourth. He’s on pace for 48 homers and is hitting .198. That’s not ideal, but I hope he keeps that pace up exactly, mostly because it’ll make people’s heads explode. And by “people,” I mean those color commentators of a certain age who retreat to their fainting couches when players don’t hit the ball the other way, make contact for contact’s sake and think homers kill rallies.

Indians 10, Royals 1: Josh Tomlin tossed a complete game, allowing only one run on six hits. He only struck out three batters too, which goes against everything baseball in the teens is supposed to be about. It was probably a lot of fun to watch. Jason Kipnis went 4-for-4 with a home run and two RBI. He walked too, reaching base in all five plate appearances

Marlins 9, Angels 2: Marlins starter Jose Urena walked six guys in five innings. Struck out seven and got the win too. “That’s more like it,” says teens baseball. Giancarlo Stanton had three hits and a homer and J.T. Riddle homered and drove in three. Meanwhile, Mike Trout sprained his left thumb while stealing second base. X-rays revealed no fracture, but he is set to have an MRI today. If he’s out for a significant amount of time Angels fans can turn their attention to other things for the rest of the summer.

Mariners 5, Red Sox 0: Christian Bergman tossed seven shutout innings, allowing only four hits, to help halt the Red Sox’ six-game winning streak. Not bad considering the the last time he pitched he gave up ten runs on 14 hits. The M’s turned four double plays behind him in the first four innings. Robinson Cano and Guillermo Heredia hit homers.

Padres 5, Nationals 3: On Friday and Saturday the Padres scored only one run and had only six hits while striking out 31 times in losses to Max Scherzer and Steven Strasburg. Here they had five runs on fourteen hits. The lesson: it’s better to face Joe Ross than Max Scherzer and Steven Strasburg. Probably worth noting that Bryce Harper, Jayson Werth, Daniel Murphy and Matt Wieters were all out of the lineup for Washington.

Reds 8, Phillies 4Patrick Kivlehan hit two solo shots and Adam Duvall hit two two-run dongs. Scott Schebler hit only one homer. Slacker.

Rays 8, Twins 6: Fifteen innings of baseball lasting six hours and twenty-six minutes. Even Longoria and Logan Morrison ended the nonsense in the 15th with a pair of solo homers. Meanwhile, Joe Mauer did something special.

Astros 8, Orioles 4: Baltimore had a 3-0 lead at the end of an inning and a half, but it was all Houston after that. George Springer homered and Marwin Gonzalez and Yuli Gurriel each hit RBI doubles during the Astros’ six-run second inning. The O’s have lost seven straight.

Rockies 8, Cardinals 4Gerardo Parra had three hits, including a three-run homer as the Rockies win their fourth straight and their sixth in eight games. German Marquez got the win. The rookies went 4-1 in May. Overall, Rockies’ rookie starters finish 12-3 in May.

Giants 7, Braves 1: Johnny Cueto‘s blisters didn’t seen to be bothering him yesterday as he allowed one run on six hits and struck out eight over six innings. Brandon Crawford drove in three via a fielder’s choice and a two-run single.

Mets 7, Pirates 2: Matt Harvey allowed one run over six to win his second straight start. Jay Bruce and Curtis Granderson each had three hits as the Mets rattled off 14 in all.

Report: Mets ownership backs Terry Collins

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The Mets entered Sunday night’s game against the Pirates with a disappointing 20-27 record. While the club has dealt with a litany of injuries, manager Terry Collins has also drawn criticism for in-game decision-making, particularly regarding his decision-making.

Owner Fred Wilpon is still Collins’ strongest supporter, however, Newsday’s Marc Carig reports. As a result, the team is unlikely to make a managerial change anytime soon. If the Mets continue to struggle, though, ownership may feel pressured to make a change.

Collins became the longest-tenured manager in Mets history last week. Collins managed the Mets to a 77-85 record in 2011 and has overall helped the club go 501-518, winning the NL Pennant in 2015. He is not signed to a contract beyond this season.