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: Thursday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Yankees 4, Mariners 3: A pair of first inning two-run homers — from Aaron Judge and Miguel Andujar — were all the Yankees needed, even with a less-sharp-than-usual Luis Severino.

In other news, reporters asked Aaron Boone after the game yesterday if the Yankees are too reliant on homers. Boone was, quite understandably, incredulous that someone was asking him that.

Can someone please tell me why people who cover the Yankees, nearly every single year, go through a “are the Yankees too reliant on home runs?” phase? Seriously, go search “Yankees” and some variation of “home run-reliant” or “home run-dependent” or whatever. It’s an evergreen. Hell, they did it TEN DAYS AGO. As if hitting homers is bad. I mean, I know I’m not a seasoned beat reporter and don’t know nothin, but I’m pretty sure homers are awesome and are literally the best thing you can do when you’re batting.

John: “I hit a double.”
Charlie: “I hit a homer.”

CHARLIE WINS

My god, if you can’t think of an angle, at least stop going back to the tired and dumb ones you take every year. Or, at the very least, if you’re going to continue to worry about the Yankees being too reliant on homers, acknowledge that the Yankees HIT A METRIC BUTT-TON of homers, they’re hit by guys who are expected to hit a lot of homers so it’s not a fluke and it’s all good.

But, hey, congratulations on getting a quote out of Boone. Your copy is complete and turned in and you can go home now.

Red Sox 9, Twins 2: Rick Porcello tossed one-hit shutout ball for seven innings. No one asked him if he’s too “getting guys out”-reliant. Missed opportunity, really. Mookie Betts and Andrew Benintendi went deep and the Sox racked up 16 hits in all.

Rockies 6, Mets 4: Nolan Arenado hit a three-run jack early — his third homer in as many days — and knocked in five runs in all. Dude drove in nine runs against the Mets over the past three games, in fact, so I imagine New York is happy to be leaving town. Kyle Freeland went six innings, allowing two, and got out of jams with double plays on three occasions.

Nationals 4, Orioles 2: Max Scherzer allowed two over seven and struck out nine but didn’t get the win because his mates decided not to take a lead until the eighth inning. It happens. That lead came via a two-run double from Juan Soto, who is now batting .326 with 16 RBI in 28 games, despite the fact that I literally — yes, literally — have t-shirts in my regular rotation that are older than he is. Anthony Rendon homered.

Diamondbacks 9, Pirates 3: Arizona jumped out with eight runs before the third inning was even over, giving license to my friends in Pittsburgh for the SABR convention this weekend to leave early and go raise hell. And believe me, you do NOT want to get in the way of a bunch of baseball historians when they’ve had a few drinks and have time on their hands. You’ll just be walking down the street and then all of a sudden you’re cornered by some guys in dad jeans lecturing you about Hank Greenberg’s season with the 1932 Beaumont Explorers of the Texas League and asking you if there’s a good place to find some beer nearby, but “nothing too hoppy because, man, my system just can’t take that since I hit 50.”

Reds 6, Cubs 2: Cincinnati enjoyed a six-run sixth inning, thanks to a bases-loaded walk drawn by Eugenio Suarez, a grand slam by Jesse Winker and an RBI single from Billy Hamilton. In other news, yesterday on Twitter there was a lot of discussion about how MLB could do a better job of marketing players. My friend Jeff, who works in P.R. and used to work for Major League Baseball, said a lot of very smart things about that, explaining why it’s not so simple as to say “MLB should market its stars better.” One of the minor points in that is that ballplayers, by virtue of the culture of the game, are conditioned to not draw attention to themselves and to downplay their stardom lest someone think they’re a hot dog or a glory hound or whatever. I’m not going to suggest that Jesse Winker is a budding superstar which MLB should be marketing hard, but his quote after the game illustrates the point:

“Guys put together great at-bats in front of me. Obviously, you can’t hit a grand slam unless guys get on base.”

There’s a certain admirable humility to that. It’s also nothing that’s gonna sell t-shirts, posters or make 12-year-olds say “WOW, WINKER IS THE MAN!”

Brewers 11, Cardinals 3: Brent Suter allowed two over seven and the Cardinals threw and bobbled the ball all over the place, allowing the Brewers to score six unearned runs. Eric Thames drove in three and Travis Shaw and Jesus Aguilar knocked in a couple a piece.

Angels 8, Blue Jays 5: Luis Valbuena homered twice and Kole Calhoun connected for the second consecutive game. The Jays have lost nine of ten on the road. Also, this happened:

That was the first tweet I saw when I woke up this morning and I’m still chuckling. It’s John Lamb, by the way. I hope he has a good sense of humor about this.

Giants 3, Padres 0: Madison Bumgarner is back. I mean, he’s been back, but now he’s BACK. The Giants’ ace tossed eight shutout innings, allowing only three hits and struck out eight. He also knocked in the Giants’ first and, as it happens, only necessary run, with a sac fly. Giants fans can finally relax, knowing that, in some ways at least, the old order has been restored.

Athletics vs. White Sox — POSTPONED:

Hmmm
Sunshine, blue skies, please go away.
My girl has found another and gone away.
With her went my future, my life is filled with gloom.
So day after day, I stayed locked up in my room.
I know to you it might sound strange.
But I wish it would rain. (How I wish that it would rain)
Oh, yeah, yeah, yeah, yeah