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)

And That Happened: Thursday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Mets 6, Nationals 4: Carlos Gómez hit the big blast here, socking an eighth inning, go-ahead three-run homer. This after the Nats themselves had come behind following Dave Martinez getting ejected. Maybe there’s something to the whole idea of the Nats playing better without Martinez, but it’s trumped by the unreliability of the Washington bullpen, who would probably even make Casey Stengel look bad. So it would seem, at the moment anyway, the conditions for testing that idea are scientifically are not optimal. Washington should probably fix both of those things, though. Maybe they’ll have something if the season is not already lost by now.

Now let’s watch Carlos Gomez (a) lose his shoe running first to third; and (b) be all Carlos Gomez-y on that home run trot:

Pirates 14, Rockies 6: Pittsburgh was leading 8-0 when the Rockies put up a six-run sixth to make things interesting, but a big seventh featuring homers from Josh BellBryan Reynolds and Starling Marte put things back out of reach. Josh Bell on the season: .339/.408/.718 and he’s on pace for 55 homers and 162 RBI. Holy Moly.

Yankees 6, Orioles 5: New York took a 5-1 lead into the eighth and it looked like another cakewalk, but the O’s at least made it interesting with a four-run eighth to tie things up. Brandon Hyde sent reliever Mychal Givens out for the top of the ninth and . . . it didn’t go well. Well, it went well at first, as Givens struck out the first two batters he faced. Then:

If I’m an Orioles fan I suppose I’m happy that game-losing rally didn’t come via even more dinger — at least in the ninth; Clint Frazier and Luke Voit homered earlier — but I suppose that’s cold comfort. Hell, at this point of the season if I’m an Orioles fan I probably want dingers because the infamy of shattering the all-time single season home runs allowed record is gonna be a season highlight. Of sorts.

Red Sox 8, Blue Jays 2: Close for the first two thirds of the game but, unfortunately for the Jays, we usually play three-thirds in this game. Boston scored two in the sixth, one each in the seventh and eighth and then opened up with a three-run ninth to make this one not-so-close. Sox starter Ryan Weber allowed one run over six to give a breather to a bullpen which pitched in a thirteen inning game the night before and Steve Pearce homered and had three RBI. The highlight of the game, though, came from a Jays player. Watch Vlad Jr. through out Rafael Devers from his butt:

Marlins 5, Tigers 2: Make it six straight wins for the Marlins. This one was particularly fun for the Fish and particularly gutting for the Tigers, as Detroit took a 2-0 lead into the ninth only to see reliever Shane Greene cough up all five of the runs Miami would score on the day. First an RBI single to Neil Walker to made it 2-1. A few batters later Ron Gardenhire intentionally walked Curtis Granderson to load the bases, setting up Garrett Cooper for his two-out grand slam. Cooper hit his first big league dinger on Wednesday, so I guess he’s getting the hang of this game. That’s nine straight losses for Detroit. Could’ve been ten as they were trailing in a game against Oakland last weekend that got suspended. Of course it probably feels like 25.

Phillies 9, Cubs 7: Jean Segura and J.T. Realmuto homered and Andrew McCutchen had two hits and two RBI as a fairly wild series ends up in a split. Anthony Rizzo and Kyle Schwarber homered for Chicago but Jon Lester was kinda shaky. Philly has won five of seven.

Braves 5, Giants 4: Austin Riley hit a game-tying home run in the eighth and then drove in the go-ahead run in the 13th with an RBI single. The kid just got called up nine days ago but he’s already got five homers in those nine games while hitting .389/.421/.833. Someone tell him this game at that easy. Riley and Ozzie Albies each had three hits and Tyler Flowers homered too. The Braves have won 10 of 13 and have pulled to within a game and a half of Philly.

Twins 16, Angels 7: The Angels probably would’ve preferred another rainout. No dice, though, and as it was they gave up eight — 8! VIII! — homers to the Twins. Four of those were surrendered by Matt Harvey, who couldn’t get out of the third inning and whose ERA ballooned to 7.50 on the season. So, um, yeah, that whole experiment has not worked out too well. As for the dingers: Miguel Sanó and Jonathan Schoop went deep twice while C.J. Cron, Max KeplerJorge Polanco and Eddie Rosario had a homer a piece. It was the second time this year Minnesota hit eight homers in a game. The Twins are on pace for 324 homers. The all-time record was set by the Yankees last year with 267. Minnesota is likewise only the second team to hit eight homers in a game twice in a season. The last was the 2005 Rangers. Which, yeah, every game these days sort of feels like old Rangers games. Not that that’s really a compliment, aesthetically speaking. Indeed, longtime readers will know that I tend to default to “1990s-2000s Rangers” as a shorthand for rather boring, offense-heavy baseball. Not that Twins fans should mind, of course.

Rays 7, Indians 2: The “highlight” of this one was a Kevin Kiermaeir inside-the-park homer which was, in reality, a real drag of a play given that it only happened because Tribe outfielders Oscar Mercado and Leonys Martín slammed into each other and got hurt:

Each of the outfielders would stay in the game, thankfully. Both for their own sake and because the Indians are probably one injury or cold streak away from activating Cory Snyder or Albert Belle or someone to play outfield. The Rays got more conventional homers from Tommy Pham, Avisail García and Willy Adames.

White Sox 4, Astros 0: Lucas Giolio went the distance, spinning a four-hit shutout while striking out nine to help the Chisox earn a series split. That’s two straight complete games for Giolito. The last one was a rain-shortened four and a half inning number, but CGs are rare these days. He should own it.