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Entries in Perjury (8)

Monday
Jun252012

Matt Sandusky Feared Perjury Charge over Grand Jury Testimony

Rob Carr/Getty Images(BELLEFONTE, Pa.) -- The adopted son of convicted child molester Jerry Sandusky detailed claims of sex abuse in a 25-minute audio tape with police, but he also worried about a perjury charge because he told a grand jury nothing inappropriate ever happened.

Karl Rominger, one of Jerry Sandusky's defense attorneys, confirmed for ABC News the existence of the audio tape.

"As a general rule it's a tape of Matt (Sandusky) making the allegations. I don't feel comfortable going into specifics about what he says, but I'll say that he is an alleged victim, so that will tell you some," said Rominger, who has listened to the audio recording of the interview.

The recording shows Matt Sandusky, whom Jerry and Dottie Sandusky adopted in his teenage years, hesitating to talk about the abuse allegations because he had previously said under oath that his father had not molested him, Rominger said.

"The problem is," Rominger said, quoting Matt Sandusky from the audio tape, "'I don't want to get into trouble for perjury'... because he previously said other things."

He then goes on, however, to detail allegations which Rominger said echo those of other alleged victims, specifically those represented by Matt Sandusky's attorney, Andrew Shubin. Shubin represents the men known as Victim 3 and Victim 7 in court documents.

"It seems like that story magically tracks one of Shubin's clients' stories," Rominger said. "A lot of these kids seem to have this kind of magnetic memory that comes back over time. (Matt's) comes back all of a sudden."

A source close to the state's investigation confirmed the existence of the audio recording to ABC.

Matt Sandusky came to prosecutors during the first week of the trial to say that he, too, had been molested by his father. Prior to that, Matt had been a staunch supporter of the former Penn State football coach, who took him in when he was a teenager and later adopted him. Matt was listed as a witness for the defense at the beginning of the trial.

After meeting with him on Thursday, prosecutors notified the defense that Matt Sandusky could be called as a rebuttal witness before the trial's completion. Defense attorneys cited that fact as the reason for not putting Jerry Sandusky on the stand to defend himself, lest the prosecutors then call Matt Sandusky to talk about his own alleged abuse.

Matt Sandusky has so far declined to go public with his allegations, though Shubin released a statement saying that Matt was a victim of his father.

Sandusky was found guilty on 45 counts of child sex abuse on Friday night following a two-week trial that saw eight men testify against him about being molested. One man, known as Victim 4, said that when Sandusky began a soap fight with the boy in a Penn State locker room shower one day, Matt Sandusky left quickly and acted "nervous."

Matt Sandusky watched only the first day of the trial before he was sequestered as a possible witness for the defense.

Sandusky's attorneys began discussing a possible appeal of the guilty verdicts just moments after leaving the courthouse Friday.

Sandusky's lead lawyer Joseph Amendola told ABCNews.com today that it was "not definite" that he would stay on to handle the appeal, but said, "I anticipate I'll be a witness for Jerry on his appeal."

Rominger confirmed that he planned to stay on for the appeal process.

The appeals process cannot begin until Sandusky is sentenced, which Judge John Cleland said would take approximately 90 days. The process is then a lengthy and expensive one, noted Jules Epstein, a law professor and attorney at Widener University in Pennsylvania. If Sandusky's estate is the subject of multiple civil actions, it is unclear if or how he will be able to afford to mount an appeal.

Copyright 2012 ABC News Radio

Tuesday
May152012

Clemens Trial: McNamee Explains Why He Saved Evidence

Brian McNamee (L) leaves after testifying in the perjury and obstruction trial of Clemens on May 14, 2012 in Washington, DC. Brendan Hoffman/Getty Images(WASHINGTON) -- Why did the government’s key witness in the perjury case against former pitcher Roger Clemens save needles and bloody gauze pads for years in a FedEx box he labeled “Clem”?

To get his wife off his back, he explained.

Brian McNamee told jurors Tuesday morning that his then-wife Eileen constantly complained about his frequent travel with Clemens in the summer of 2001.  Plans to travel with the family were too often cancelled at the last minute at Clemens’ whim, he testified.

“For the two weeks I'm home, I just wanted to be with my kids and not have any anguish with my wife,” McNamee explained. “What would make her not give me a hard time all the time?  It had to stop,” he said, his voice rising. “Who could live like that?”

McNamee said he “never lied to his wife,” and that she knew that he’d been giving Clemens injections for a few seasons.  He decided that he would show her the medical waste from the steroid and human growth hormone injections, and keep them in a box in their home.

“So, that's it.  I just saved it,” McNamee said.  “No intent of using this, ever. Ever,” McNamee volunteered, hoping to preempt the notion that he was saving the evidence to blackmail Clemens later.

“Why would that resolve the issue with your wife?” prosecutor Dan Butler asked.

“Because she kept saying, ‘You're gonna go down!  You're gonna go down! You're gonna go down, if something ever happened.’”

“I knew I was dealing illegal substances.  This was the best I could do,” McNamee pleaded.

He placed the material in a FedEx box, wrote “Clem” on the side, and kept it stored for years.  That material is now in the hands of federal authorities, who say it contains Clemens’ DNA and residue of performance-enhancing drugs.

The courtroom is bracing for Rusty Hardin’s cross-examination.  He’s expected to paint McNamee as a substance-abusing liar.  

The jury has returned for more direct examination by prosecutors.

Copyright 2012 ABC News Radio

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

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

Monday
Apr232012

Opening Statements to Begin in Roger Clemens Retrial?

Brendan Smialowski/Getty Images(WASHINGTON) -- Opening statements could begin Monday in a Washington, D.C. courtroom for the retrial of former major league pitcher Roger Clemens.

Jury selection is expected to be finalized in the morning, after which opening arguments can begin.

Clemens, a seven-time Cy Young Award winner, is on trial again for allegedly lying to Congress about his use of performance enhancing drugs, specifically steroids and human growth hormone (HGH).

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.

A mistrial was declared in the case last July after two days of testimony, when prosecutors included portions of Clemens’ February 2008 congressional testimony that referenced conversations former Yankee teammate Andy Pettitte had with his wife, Laura Pettitte, about the use of HGH. The judge presiding over the trial had barred the prosecutors from referencing Pettitte’s wife before the jury.

During the retrial, Clemens’ lawyers are expected to try to create doubt about the government’s evidence. 

Defense attorney Rusty Hardin will likely question the credibility of Brian McNamee, Clemens' former trainer and the government’s star witness in the case.  Hardin is likely to raise questions about how McNamee kept the syringes and gauze pads he allegedly used to inject Clemens with performance enhancing drugs before providing them to government investigators. 

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

The trial is expected to last six weeks.

Copyright 2012 ABC News Radio

Monday
Apr162012

Jury Selection Begins in Roger Clemens' Retrial

Brendan Smialowski/Getty Images(WASHINGTON) -- Jury selection begins Monday in Washington, D.C., for the retrial of former major league pitcher Roger Clemens.

Clemens, a seven-time Cy Young Award winner, is on trial for allegedly lying to Congress about his use of performance enhancing drugs, specifically steroids and human growth hormone (HGH).

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.

A mistrial was declared in the case last July after two days of testimony, when prosecutors included portions of Clemens’ February 2008 congressional testimony that referenced conversations former Yankee teammate Andy Pettitte had with his wife, Laura Pettitte, about the use of HGH.  The judge presiding over the trial had barred the prosecutors from referencing Pettitte’s wife before the jury.

During the retrial, prosecutors are expected to present physical evidence saved by Clemens' former trainer, Brian McNamee.  The jury will be shown syringes and bandages -- items McNamee claims he used to inject Clemens with performance enhancing drugs.

Clemens and his attorneys insist he did not lie under oath.

Copyright 2012 ABC News Radio

Saturday
Aug202011

Prosecutors File for Second Perjury Trial Against Clemens

Brendan Smialowski/Getty Images(WASHINGTON) -- Prosecutors have filed arguments in Washington in an attempt to try baseball star Roger Clemens again on perjury charges.

The prosecution's first attempt against Clemens ended in a mistrial.

The baseball star is accused of lying under oath about using performance-enhancing drugs.

Copyright 2011 ABC News Radio

Thursday
Sep302010

Two New Orleans Police Officers Charged With Perjury In Federal Civil Suit

Photo Courtesy -- Getty Images(WASHINGTON) -- The U.S. Department of Justice said Thursday that "two officers with the New Orleans Police Department have been charged with committing perjury and obstructing justice during the course of a federal civil suit related to the shooting death of civilian Danny Brumfield in September 2005." 

A statement from the Department of Justice added, "The six-count indictment alleges that Officers Ronald Mitchell and Ray Jones gave false deposition testimony during the course of a federal civil lawsuit filed by Danny Brumfield’s wife against the city of New Orleans."

According to the indictment, Mitchell falsified his sworn testimony in November 2007, when he alleged that Brumfield lunged at him with a shiny object before he shot Brumfield in self-defense.  Mitchell also testified that he checked Brumfield's vital signs directly after the incident. However, the indictment claims Brumfield did not lunge at Mitchell with a shiny object, nor did Mitchell check on him.

In June 2007, Jones testified that he "covered the crowd" while Mitchell checked on Brumfield. The indictment alleges that Jones did not cover the crowd.

Officers Mitchell and Jones face a maximum penalty of up to 20 years in prison if convicted.  However, the release states that the "indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty."


Copyright 2010 ABC News Radio







ABC News Radio