Anabolic Steroids Blog - iSteroids . com » ROGER CLEMENS SHOULD SPEAK WITH PROSECUTORS ON DEFAMATION SUIT, SAYS BRIAN MCNAMEE’S LAWYERS

ROGER CLEMENS SHOULD SPEAK WITH PROSECUTORS ON DEFAMATION SUIT, SAYS BRIAN MCNAMEE'S LAWYERS It seems that the hot controversy encircling Roger Clemens and Brian McNamee has reached to a new turning point when McNamee’s lawyers said in a document filed in a Texas federal court that Clemens should talk to prosecutors in regard of defamation suit. They said that the prosecutors had forced McNamee to talk to former Sen. George Mitchell and not with his longtime trainer.

The document was a counter response to a motion filed by Clemens‘ attorney Rusty Hardin last month. In the motion, they asked U.S. District Judge Keith Ellison to review his decision of dismissing most of Clemens‘ defamation suit. The winner of seven times, Clemens filed the suit soon after the release of the Mitchell Report in December 2007.

It is to remind that in the Mitchell Report McNamee had admitted that he injected Clemens with steroids and human growth hormone numerous times from 1998-2001.

One of McNamee’s attorneys, Richard Emery said, “The thrust of our response is that Clemens is trying to blame Brian for what he is angry at the government prosecutors for doing - that is, compelling Brian to talk to them and tell the truth.”

He also said that the prosecutors compelled McNamee to talk and it was not his fault that they (prosecutors) made the report publicly. Clemens and his lawyers are pointing their fingers at the wrong person.

Hardin had argued in court filings that McNamee should not be protected with absolute immunity. He also pointed out that Assistant U.S. Attorney Matt Parrella, who had led much of the BALCO testing, gave argument that the intention behind the government’s steroid probe was to nail distributors and not athletes or users during the hearing of Tammy Thomas, the cyclist convicted of perjury last year, case. “McNamee’s statements to Mitchell about Clemens‘ alleged steroid use play no role in exposing and prosecuting drug distribution rings,” Hardin argued.

However, McNamee’s lawyers countered with the point that the prosecutors did not tell cooperating witnesses, the purpose or scope of their investigations.

From New York Daily News:

Roger Clemens should pick a fight with the prosecutors who forced Brian McNamee to talk to former Sen. George Mitchell, and not with his longtime trainer, McNamee’s lawyers said in a document filed in a Texas federal court late Wednesday.

The document was a response to a motion filed by Clemens’ attorney Rusty Hardin last month that asked U.S. District Judge Keith Ellison to reconsider his decision to dismiss most of Clemens’ defamation suit. The seven-time Cy Young winner filed the suit shortly after the Mitchell Report was released in December 2007 — in which McNamee told Mitchell and his investigators that he injected Clemens with steroids and human growth hormone numerous times between 1998-2001 — and it questioned granting McNamee immunity for the statements he made to Mitchell for his report on drug use in baseball.

“No private citizen, approached by the government, could know such things. It is for this reason that the law does not require a witness to be omniscient to be covered by absolute immunity,” says the filing.

According to Emery, Clemens could file a suit known as a “Bivens Action” against the government for abuse of authority. He further added, “If they did file that suit, at least they would have someone to point the finger at that has power. Brian has no power.”

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