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)

Twins reach historic home run total during 11-4 rout of White Sox

Max Kepler
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The Twins trampled the White Sox on Friday night, cruising to a cool 11-4 lead over their division rivals and collecting their sixth double-digit win of 2019. Even more impressive, they picked up their 99th, 100th, and 101st home runs, a feat that’s rarely been matched in a team’s first 50 games of any given season.

The first homer of the night was delivered by Eddie Rosario in the third inning. Working against a single-run deficit, Rosario lifted an 0-1 fastball from the White Sox’ Reynaldo López, planting it firmly in the left field stands and evening the score, 4-4. Two batters later, Rosario’s solo home run got a sequel: a 398-footer from Miguel Sanó, this one postmarked for the upper deck in left.

In the fourth, now leading 5-4, the Twins saw a third and final homer from the bat of Max Kepler, whose center-field blast traveled a projected 397 feet to give the club a two-run advantage. Per MLB Stats, the Twins’ record — 101 homers in 50 games — stands second only to that of the 1999 Mariners, who managed to club 102 home runs before their 51st game of the season.

While the record has undoubtedly been a team effort, Rosario leads the pack with a team-best 15 homers so far this year, closely followed by C.J. Cron (13), Max Kepler (11), and Jonathan Schoop (10). Sanó, whose solo shot marked the team’s 100th home run of 2019, has just five, though there’s little doubt he’ll reach double digits before the end of the season.

According to MLB.com’s Do-Hyoung Park, the Twins also made it to an even 300 runs scored in 2019, for a satisfying average of six runs per game and a new franchise record (previous high mark: 273 runs scored in 1992). With the win, they improved to 34-16 on the year and continue to hold a comfortable eight-game lead in the AL Central.