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Entries in Brian McNamee (5)

Tuesday
May152012

Roger Clemens' Former Trainer Faces Grilling by Defense

Brendan Smialowski/Getty Images(WASHINGTON) -- Roger Clemens' former strength coach will take the stand again on Tuesday in the government's perjury trial against the former major league pitcher.

Clemens is accused of lying to Congress in 2008 about his use of performance enhancing drugs.  The seven-time Cy Young Award winner was indicted in August 2010 on six counts of obstruction of Congress, perjury and false statements.

During his first day of testimony, Brian McNamee contradicted what Clemens told Congress, detailing to jurors the first time he injected the pitcher with steroids in the spring of 1998.

“Roger pulled down his pants, exposing his right buttocks," McNamee told the Washington, D.C., courtroom on Monday.  "He bent his leg and started to flex his butt and said, ‘I'm ready.  Just make sure there's no air bubbles in it, right?’”

“I injected him and plunged the fluid into his buttocks,” McNamee said.  “It looked like it was a clean strike.”

The trainer went on to say that he injected Clemens eight to 10 more times that season.

On Tuesday, McNamee will continue his testimony, and will likely be due for an intense grilling when it comes time for cross-examination.

The lead defense attorney intends to portray the former strength coach as a liar -- an alcohol abuser who betrayed his boss for money and fame, and to escape criminal charges.

Copyright 2012 ABC News Radio

Monday
May142012

Former Trainer: Roger Clemens Wanted Help with "Booty Shot"

Brendan Smialowski/Getty Images(WASHINGTON) -- In a halting voice, the prosecution’s key witness against former baseball star Roger Clemens recounted for jurors how he injected his now-former friend with steroids for the first time in the spring of 1998.

Clemens sat upright, staring sternly at Brian McNamee the witness box.

“In 1998, I didn’t know much about [anabolic steroids]” McNamee, then the Toronto Blue Jays' strength coach, told the jury.  “It wasn’t something I needed to know about.”

But McNamee said he had begun to do some reading – in magazines, mainly – about steroids.  He learned that oral steroids are more toxic, injections less so. He says he had discussed performance-enhancing drugs with players. And one day that spring, McNamee said Clemens asked him for help with a “booty shot.”

“Roger had come to me in the locker room,” McNamee said, asking “Are you available tonight?”

“I knew exactly what he was saying.”

That night, McNamee says, Clemens handed him steroids in a ziplock bag full of brown ampoules, tiny glass bottles the user is required to break. The bottles read “testosterone.”

McNamee, an ex-cop, says he was nervous.  

“It was a little uncomfortable, because I'd never done that before,” he testified.  “I'd never broken off a bottle cap, where you have to break glass.”

And McNamee said Clemens never told him the source of the drugs.

“Why didn’t you ask?” prosecutor Daniel Butler inquired.

McNamee answered abruptly. “Don’t ask, don’t tell.  I didn't want to know.”

McNamee said he cracked the glass ampoule, loaded the syringe and walked nervously from Clemens’s bathroom to his bedroom.

“Roger pulled down his pants, exposing his right buttocks.  He bent his leg and started to flex his butt and said, ‘I'm ready. Just make sure there's no air bubbles in it, right?’”

“I injected him and plunged the fluid into his buttocks,” McNamee said.  “It looked like it was a clean strike.”

"Wow, that was really easy," Clemens said per McNamee’s account, before turning the conversation to “pleasantries” like, “So, what are you doing tonight?”

McNamee testified that it seemed to him, Clemens had done this before.

“I knew what I was doing was illegal,” McNamee said.  Fourteen years later, McNamee now says he only wanted “to help.”  

“I did what I was asked, and I shouldn't have. I made a mistake, and I wish to God I could take it back. I was young,” McNamee, who was 30 years old at the time, said Monday.

McNamee says he continued to inject Clemens eight to 10 more times that season, including once hurriedly in a “cubbyhole” – a utility closet -- at the clubhouse in Tampa Bay.

On cross examination, which will likely start Tuesday, Clemens’s attorneys are expected to savage McNamee’s credibility.

Copyright 2012 ABC News Radio

Monday
May142012

Roger Clemens' Trainer to Testify at Former Pitcher's Trial

Brendan Smialowski/Getty Images(WASHINGTON) -- The government's key witness in its trial against former major league pitcher Roger Clemens, who's accused of lying to Congress about his use of performance enhancing drugs, will testify Monday in a Washington, D.C. courtroom.

Clemens' former trainer Brian McNamee is expected to take the stand and say he injected the seven-time Cy Young Award winner with  steroids and human growth hormones.  McNamee saved the bloody gauze pads and needles he claims to have used on the pitcher.

Clemens has stated that the injections he received from McNamee were vitamin b12 and lidocaine.

Prosecutors intend to use McNamee's testimony and the evidence to prove Clemens lied to Congress.

The former pitcher was indicted in August 2010 on charges of obstruction of Congress, perjury and false statements.  He is accused of making the false statements to congressional investigators in a Feb. 5, 2008 deposition.  The perjury charges, meanwhile, arose from his Feb. 13, 2008, testimony before the House Oversight and Government Reform Committee.

Clemens insists he did not lie under oath.  His lawyers say McNamee is a liar and his evidence is tainted.

Copyright 2012 ABC News Radio

Tuesday
Jul052011

Roger Clemens Trial Set to Begin

Brendan Smialowski/Getty Images(WASHINGTON) -- The trial for seven-time Cy Young Award winner Roger Clemens begins Wednesday with jury selection, and the defense may be bolstered after indications that Judge Reggie Walton may limit questions to Clemens' former Yankee teammates about injections of performance enhancing drugs they reportedly received from former Yankee trainer Brian McNamee, the government's star witness in the case.

Judge Walton said that he is not likely to allow prosecutors to question Clemens' former Yankee teammates Chuck Knoblauch, Mike Stanton and Andy Pettitte, that they received injections of steroids and performance enhancing drugs from McNamee. The men are expected to be called as witnesses by federal prosecutors in the trial, which is expected to last four to six weeks. Clemens has stated that the injections were vitamin b12 and lidocaine. Walton said it may not be fair to Clemens to have the jury hear that all three of the teammates received performance enhancing drugs from McNamee. "If he did not know what he is receiving? That's a real danger." Walton said about Clemens and his defense.

Clemens was indicted last August on charges of obstruction of Congress, perjury and false statements as a result of testimony he gave to Congress regarding use of performance enhancing drugs, specifically steroids and human growth hormone, or HGH. Clemens is charged with making the false statements to congressional investigators in a Feb. 5, 2008 deposition. The perjury charges arose from his Feb. 13, 2008 testimony before the House Oversight and Government Reform Committee. Judge Walton also limited Clemens defense attorney's use of claims that Brian McNamee was involved in an alleged rape and sexual assault in October 2001 when McNamee was found in a pool with a woman who was incoherent. While McNamee was never charged in the incident, Clemens' defense team wanted to highlight that McNamee lied to police investigators about it.

The defense wants to impeach McNamee's credibility as the government's key witness, contending that McNamee was fearful of being linked to steroid dealer Kirk Radomski when federal investigators approached him in 2007. Clemens' lawyers wanted to show that McNamee was trying to save his own skin when he named Clemens as someone who he had allegedly provided steroids. Judge Walton told the lawyers that the defense could only refer to the alleged rape investigation as a "criminal investigation" to the jury.

McNamee cooperated with investigators for the Mitchell Report, which examined steroids in baseball on behalf of Major League Baseball. McNamee's claims in the report that he injected Clemens with steroids and growth hormone in 1998, 2000, and 2001 were among its most significant revelations. The report led to congressional hearings that saw Clemens squaring off with McNamee.

With jury selection expected to last several days, one issue that could delay the trial is a defense request to obtain audio recordings of Clemens interviews in February 2008 with House investigators. Prosecutors plan to read portions of the transcript of the interview to the jury, but the defense wants the audio tapes to be played. The issue is complicated by the fact that the recordings were made by the House Clerk's office. The transcripts were released when the House Committee on Oversight and Government Reform asked that the transcripts be made available as part of their investigation, but the audio recordings were never released. Judge Walton said he had concerns about trying to get them since the recordings would be protected by the Speech and Debate clause limiting the powers of the Executive branch to compel Congress to take certain actions. Walton urged the prosecutors to see if the committee would request that the audio recordings be released. Clemens' defense attorney Rusty Hardin said: "There is a lurking due process issue here--not being able to hear the tone and voice [of Mr. Clemens.]"

Opening arguments are scheduled for July 11.

Copyright 2011 ABC News Radio

Thursday
Apr212011

Roger Clemens' Defense Lays Out Trial Strategy, Calls McNamee 'Congenital Liar'

Brand X Pictures/Thinkstock(WASHINGTON) -- Roger Clemens' defense attorneys Thursday laid out a key part of their defense strategy for July's upcoming trial, revealing that they intend to show that Clemens' former trainer, Brian McNamee, has continually lied about Clemens' alleged steroid use.

"There's congenital liar syndrome," said Rusty Hardin, Clemens' defense attorney, at a pre-trial hearing. "We will contend that he [McNamee] is still lying to these prosecutors even today."

Hardin motioned to the two assistant U.S. attorneys who plan to call McNamee as one of their key witnesses.

Clemens was indicted last August on charges of obstruction of Congress, perjury and false statements for testimony he gave to Congress regarding any use of performance-enhancing drugs, specifically steroids and human growth hormone, or HGH. Clemens is charged with making the false statements to congressional investigators in a Feb. 5, 2008 deposition, and the perjury charges involve his Feb. 13, 2008 testimony before the House Oversight and Government Reform Committee.

Hardin argued at the preliminary hearing before Judge Reggie Walton of the need to obtain documents and memos from former Sen. George Mitchell's law firm, DLA Piper, which conducted the work for the Mitchell Report that reported the findings of Major League Baseball's investigation into steroid use.

The Clemens defense team subpoenaed documents from DLA Piper relating to interviews Mitchell Report investigators did with former big leaguer Jose Canseco, McNamee and Kirk Radomski, an admitted steroid dealer who pleaded guilty to money laundering and selling anabolic steroids and HGH.

Thursday's hearing focused on efforts by Mitchell's law firm to quash the subpoena, citing attorney-client privilege and attorney work product.

Attorneys from DLA Piper argued that their work, limited to 20 documents, was attorney work product and that the files were prepared in anticipation of litigation stemming from Mitchell's investigation. They told the court that they had handed over some documents to the Clemens' defense team but the other documents were protected.

Hardin alleged that McNamee has kept changing his story even from his first meeting with federal prosecutors and later with claims about physical evidence he had.

Walton ruled from the bench that he would review the documents that DLA Piper has in its possession and will decide if they should be turned over to Clemens defense team.

Walton denied a defense request to seek additional documents from the House Oversight and Government Reform Committee. Counsel for the House of Representatives argued that the documents are protected under the speech and debate clause of the Constitution, which isolates the executive branch from interfering with Congress.

Walton added that the information Clemens' lawyers were seeking was obtainable in other ways.

Copyright 2011 ABC News Radio 







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