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

22 Comments

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)

Nationals’ Stephen Strasburg’s status for 2023 ‘a mystery’

Brad Mills-USA TODAY Sports
0 Comments

NEW YORK — Stephen Strasburg‘s status for 2023 is up in the air after a series of injuries that limited him to one start this season, Washington Nationals general manager Mike Rizzo said.

“It’s still a little bit of a mystery,” Rizzo said about the 2019 World Series MVP before the Nationals were scheduled to play a doubleheader at the New York Mets. “I know that he’s working hard strengthening his core and the other parts of his body. We’re just going to have to see. With the type of surgery and rehab that he’s had, it’s unfamiliar to us. It’s unfamiliar to a lot of people. We’re going to have to take it day by day.”

The 34-year-old right-hander has thrown a total of 31 1/3 innings across just eight starts over the past three seasons combined. He had carpal tunnel surgery in 2020, then needed an operation to correct thoracic outlet syndrome in 2021.

After his only start of 2022, he went back on the injured list with a stress reaction of the ribs.

“We’ll have to see where the rehab process takes us later on in the winter,” Rizzo said. “We’re going to monitor him. He’s local, so we’ll see him all the time and we’ll see where he’s at going into spring training mode.”

Strasburg is a three-time All-Star who signed a $245 million contract after helping Washington win a championship in 2019.

He is 113-62 with a 3.24 ERA for his career.

Meeting with reporters toward the end of a rough season – Washington entered with a majors-worst and Nationals-worst record of 55-104 and shipped away the team’s best player, outfielder Juan Soto, at the trade deadline – Rizzo talked about doing “an autopsy of the organization.”

“I look at the season as a disappointment. I’ve always said that you are what your record says you are, and our record says we’re the worst team in the league right now. It’s hard to argue with that,” Rizzo said. “The flip side of that is we’re in a process.”

Rizzo and manager Dave Martinez were given contract extensions during the season. Martinez said his entire coaching staff will return next year.