WASHINGTON — It took 23 witnesses over 19 days of testimony for prosecutors to make their case against Roger Clemens, with three jurors and two minor pieces of the indictment dismissed by the time they were done. With the overlong-running trial now in its seventh week and Clemens’ lawyers starting to take their turn, the case remains centered on the credibility of one person — Brian McNamee.
The government rested yesterday in the perjury trial of the seven-time Cy Young Award winner, wrapping up with a witness from Wall Street and two from the FBI. Two invoked the name of McNamee, the longtime Clemens strength coach who says he injected the ex-pitcher with steroids in 1998, 2000 and 2001 and with human growth hormone in 2000.
The defense is expected to take about two weeks to call its witnesses.
Clemens is charged with two counts of perjury, three counts of making false statements and one count of obstruction of Congress. All relate to his testimony at a hearing in February 2008 and his deposition that preceded it.
The heart of the case is the allegation Clemens lied when he said he had never used steroids or HGH, but the obstruction count included 15 statements, or “acts,” in which Clemens is alleged to have misled Congress on a variety of issues. U.S. District Judge Reggie Walton dismissed two of those acts yesterday.
The first dismissed act dealt with Clemens’ claim that he had “no idea” former Sen. George Mitchell wanted to talk with him in preparation for the 2007 Mitchell Report on drugs in baseball. The government couldn’t prove otherwise because some of its evidence was ruled inadmissible due to rules over attorney-client privilege.
The second dismissed act deals with Clemens’ statement in his 2008 deposition that: “I couldn’t tell you the first thing about [HGH].” The judge said that statement could be misinterpreted because it was asked in the contest of whether Clemens had ever done any research into HGH.
Thirteen alleged misleading statements remain in the charges. The government only needs to prove one to gain a conviction for obstruction of Congress.
Bonds wants back in game
Five years removed from his playing days and 14 months from his felony obstruction conviction, Barry Bonds wouldn’t mind improving his public image.
The home-run king took in his first Giants game of the season Monday, and told reporters he’s interested in returning to the organization to help big-leaguers and minor-leaguers.
Bonds said he doesn’t worry about his chances for the Hall of Fame — he’ll be on the ballot for the first time later this year — but added, “It would be very sad if it didn’t happen.”
Roger Clemens, District Judge Reggie Walton, perjury trial, obstruction, government
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