According to Roger Clemens’ lawyers, the player and his camp were not at all serious when they questioned McNamee’s mental state. That is why Clemens’ camp filed a motion in Brooklyn federal court to dismiss a defamation lawsuit by Brian McNamee.

According to a report last November 12, in the New York Daily News, Roger Clemens, his lawyer Rusty Hardin and others were not serious about their accusations against Brian McNamee. This is according to the motion written by Joe Roden filed in Brooklyn. Roden was lawyer and a member of Hardin’s firm.

Roden said it was just part of the public battle of words. They do not intend to suggest to readers that McNamee is actually mentally unfit.

He also added that they were just trying to refute false evidence. Their action could not be considered as defamation. Clemens’ camp was recalled to have denied that Clemens used steroids or HGH. According to them, Clemens’ former trainer was just manufacturing evidence.

McNamee said the seven-time Cy Young Award winner received steroid and HGH injections while he was still with the Blue Jays and the Yankees from 1998 to 2001.

He even showed evidence in court by providing bloody gauze pads and used syringes, which he turned over after a congressional hearing last year.

From The Associated Press:

NEW YORK — Lawyers for Roger Clemens filed a motion in Brooklyn federal court to dismiss a defamation lawsuit by the pitcher’s former trainer, claiming statements that accused Brian McNamee of trying to shake down Clemens were not serious.

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US District Judge Keith P. Ellison dismissed the rest of Clemens’ case last August 28, 2009. This means that the case has been dismissed in Texas and Clemens could not refile in the said state. This leaves the case to be continued in New York.

Last January 2008, Roger Clemens sued his former personal trainer Brian McNamee after the trainer made a statement in the Mitchell report that he injected Clemens with steroids and human growth hormone for not less than 16 times in 1998, 2000 and 2001.

Not only did McNamee made the statement once but he also repeated it to Sports Illustrated’s website.  According to Clemens, the statements were untrue and defamatory.

McNamee responded by filing a case against Clemens for defamation on July 31, 2009. The case was filed in a federal court in Brooklyn, New York.

According to McNamee, Clemens issued an intense public relations offensive by refusing McNamee’s allegations in a nationally televised news conference in “60 minutes”.

In their legal battle in Brooklyn, Clemens is on defense side. Richard Emery, McNamee’s lawyer thinks that they have an advantage now that the case was moved to New York.

From Google Hosted News:

NEW YORK — The remainder of Roger Clemens‘ defamation suit against Brian McNamee in Texas has been dismissed, leaving the pair to fight their legal battle in New York.

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The seven-time Cy Young Award, Roger Clemens contradicted the issue that his former personal trainer Brian McNamee administered him performance-enhancing drugs. He pointed out that McNamee never injected HGH or steroids on him, contrary to what the former trainer told baseball investigator George Mitchell.

Roger Clemens told the media that he would not use steroids because their family has a history on heart conditions.

From RGJ.com:

Roger Clemens broke his silence Tuesday, again denying that former personal trainer Brian McNamee injected him with performance-enhancing drugs in his first public comments in more than a year.

The seven-time Cy Young Award winner was interviewed by phone on ESPN Radio’s “Mike & Mike in the Morning.” He said he chose to speak out Tuesday because it was the official release date of a book about his alleged drug use.

“He’s never injected me with HGH or steroids,” Clemens said of McNamee, who told baseball investigator George Mitchell he had injected Clemens with drugs.

“American Icon: The Fall of Roger Clemens and the Rise of Steroids in America’s Pastime,” by four New York Daily News reporters, recaps previous reports in the newspaper. It had been available to reviewers and had excerpts published before Tuesday.

Clemens said he had given a DNA sample to federal investigators but that syringes provided by McNamee would not link him to performance-enhancing drug use.

Clemens is under investigation by a federal grand jury in Washington that is trying to determine whether he lied when he told a congressional committee last year that he had not used illegal performance-enhancing drugs.

Clemens had previously denied the allegations on steroids last year, and had filed a defamation charge on McNamee. He chose to speak out last Tuesday since it was the release date of a book about his alleged steroid use.

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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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Defence attorneys for Brian McNamee tell Roger Clemens to direct his accusations at the prosecutors and not at his trainer. He had been coerced and bribed with immunity to reveal to the investigators of Sen. George Mitchell that he had injected Clemens with steroids. McNamee’s lawyers filed this document at the Texas federal court. This was a countermotion to the appeal of Rusty Hardin, Clemens’ attorney, that US District Judge Keith Ellison would rethink the dismissal of the slander lawsuit against McNamee.

From The Daily News:

“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,” said Richard Emery, one of McNamee’s attorneys. “That’s no basis for taking away Brian’s immunity. The prosecutors compelled him to talk and it was not Brian’s fault that they then made it public through the Mitchell Report. They (Clemens and his lawyers) are pointing their fingers at the wrong person.”

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

McNamee’s lawyers argued that he was not privy to the purpose of the prosecutors’ investigations. He did not know that his testimony for the George Mitchell report would be released to the public. The government had used its authority to force McNamee to divulge information about Clemens’ steroid use. In this light, Clemens’ should not lash at his trainer but rather at the prosecutors and the government.

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A recent analysis of existing literature on human growth hormone revealed that the hormone might help in increasing lean body mass but it did not increase your exercise capacity. It didn’t enhance athletic performance as it was supposed to do. These findings could add a new twist to the current steroid controversy linked with various baseball players, such as Roger Clemens, Andy Pettitte and others.

According to former U.S. Senate Majority Leader George Mitchell’s report there is extensive use of performance-enhancing drugs in baseball. Great Yankee pitcher Roger Clemens, though, has denied his use of steroids and growth hormone while Pettitte has confessed taking of drugs for recovering from injuries.

The study has been published in the online issue of the Annals of Internal Medicine. Lead author of the analysis, Dr. Hau Liu said, “Our findings are consistent with the Mitchell report.” However, he also said, “This is not the final word. This is basically a call for more research.”

Dr. Liu is an affiliated clinical assistant professor of medicine at Stanford University School of Medicine and associate chief of endocrinology at the Santa Clara Valley Medical Center in San Jose. An assistant professor of rehabilitation medicine at New York University School of Medicine, Dr. Todd Schlifstein said, “Some people might use [growth hormone] by itself, and those may be looking more at the anti-aging benefit as opposed to performance enhancement.”

The analysis was made after studying 44 existing articles from 27 different study samples which included individuals aged 13 to 45. Considering the highest level of evidences in medical science, all the studies were randomized and trials were controlled.

The result reported in an average increase of 2 kilograms in lean body mass, but water retention problem also increased simultaneously. However, no improvement in aerobic endurance was reported. “If anything, we found a hint of evidence that it actually may worsen your performance,” Liu said.

It is well-known that in the world of sports, usage of steroids and growth hormone are increasing rapidly. Because of the new inventive methods of doping presence of steroids ca ne detected but detecting growth hormone is a quite difficult task. That’s why most of the athletes and other sports players use it over other drugs. Human growth hormone is often also taken in combination with other compounds and this practice is called “stacking.”

From U.S. News and World Report:

In addition to ruining promising sports careers, human growth hormone may not even enhance athletic performance as it is purported to do. An analysis of existing literature on human growth hormone found that while lean body mass increased, exercise capacity did not.

The findings add an ironic twist to the current controversy surrounding baseball greats Roger Clemens, Andy Pettitte and others.

Clemens has denied under oath using steroids and growth hormone, while Pettitte has admitted using human growth hormone to recover from injuries.

Last December, former U.S. Senate Majority Leader George Mitchell released a report affirming widespread use of performance-enhancing drugs in baseball.

The authors, however, warned of the difficulties of comparing use of growth hormone in a controlled study and use in the “real world.”

In that so-called real world, dosages of growth hormone are probably higher, and the substance is often also taken in combination with other compounds, a practice called “stacking.”

“This is not the final word,” said Liu, an affiliated clinical assistant professor of medicine at Stanford University School of Medicine and associate chief of endocrinology at Santa Clara Valley Medical Center in San Jose. “This is basically a call for more research.”

Whatever the analysis or such studies shows, a bill had already been submitted in both the Senate and the House to declare human growth hormone a controlled substance and it is currently moving through the committee process.

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It seems that long-running war between Brian McNamee and Roger Clemens does not appear to be end. Recently, Brian McNamee has served a summons notifying Roger Clemens that he reserves the right to take legal action against the former Yankee pitcher for defamation. Representatives of McNamee’s lawyers served the summons last week at the Rocket’s home in the Memorial section of Houston.

McNamee’s defamation complaint is based partly on the comments of Clemens, in which he challenged the truthfulness of the trainer. Clemens’ comment also included an interview in front of the congressional committee investigating a steroid report by former Sen. In the report “George Mitchell,” McNamee declared that he injected Clemens with steroids and human growth hormone. The same night, Clemens filed his own defamation suit against McNamee and appeared on “60 Minutes.”

From The Daily News:

Brian McNamee has served Roger Clemens with a summons notifying him he is reserving the right to sue the former Yankee pitcher for defamation, continuing the bitter and long-running war between the two men.

Representatives of McNamee’s lawyers served the summons last week at the Rocket’s home in the Memorial section of Houston.

If a defamation complaint is filed by McNamee, it would be based partly on comments Clemens made about the trainer challenging his truthfulness, including in an interview on “60 Minutes” in 2008, and to the congressional committee investigating a steroid report by former Sen. George Mitchell in which McNamee claimed he injected Clemens with steroids and human growth hormone. Clemens filed his own defamation suit against McNamee the same night the pitcher appeared on “60 Minutes.”

“It is a suit for damages to Brian, based on allegations Clemens made to Congress and in the press,” said Earl Ward, one of McNamee’s lawyers.

One of McNamee’s lawyers, Earl Ward said, “It is a suit for damages to Brian, based on allegations Clemens made to Congress and in the press.” The “endorsed summons” officially notified Clemens about a complaint that attorneys of McNamee quietly filed in a Queens courthouse in December. Summon preserved the trainer’s right to sue the pitcher within a statute of limitations.

Whatever the reason behind the whole issue, one thing is confirmed that this particular move of McNamee would add more problems to Clemens’s already existing legal troubles. For more than a year, Clemens has been under investigation by the Justice Department for false swearing of allegedly lying to Congress.

Last month a federal judge ruled out that McNamee’s statements about Clemens’ steroid use to Mitchell were protected because they came in the course of a government investigation.

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Ended in a typical justified manner, the federal court on Thursday charged star player Miguel Tejada with a fine of $5,000 and a sentence of probation, 100 hours of community service for misleading Congress. Though, U.S. Magistrate Judge Alan Kay didn’t put any restriction on the player’s travel.

In a 23-minute hearing, Tejada admitted that he mislead the Congress about the use of steroids by his collegues. He confessed that he withheld information about an ex-teammate’s use of performance-enhancing drugs during questionaire in 2005 by congressional investigators. He told Alan Kay that he took full responsibility for not answering the question.

Tejada apologized to Congress, to the court and to baseball fans and said, “I learned a very important lesson.” He also admitted that he himself bought human growth hormone while playing for the Oakland Athletics but didn’t use them.

In a strict sense, Steven Durham, Assistant U.S. Attorney, told the court that “People have to know that when Congress asks questions, it is serious business.” He also said, “And if you don’t tell the truth, we can prove you haven’t told the truth — then there will be accountability.”

From ESPN:

Congress referred Tejada to the Justice Department in January 2008, a little more than a year before it asked that Clemens be investigated to determine whether he lied when saying he never used performance-enhancing drugs.

Tejada was the All-Star sitting in court this day, his chin resting on his right hand while Durham talked. Tejada was the past American League MVP receiving his punishment after pleading guilty last month and admitting he withheld information about an ex-teammate’s use of performance-enhancing drugs when questioned in 2005 by congressional investigators.

“I take full responsibility for not answering the question,” Tejada told U.S. Magistrate Judge Alan Kay.

Standing at a lectern facing Kay, Tejada spoke softly for less than a minute, the talented hands he normally uses to grip a bat or field ground balls stuffed in the pant pockets of his pinstriped, three-piece suit.

Tejada is the first high-profile player from baseball whose name appeared with a steroid issue. A warning messgae was also given to another baseball star, Roger Clemens.

Tejada’s controversial steroid case had its roots in the March 17, 2005 during congressional hearings on use of steroids in baseball. At that time, Rafael Palmeiro, a teammate of Tejada denied his role in using drugs but pointed the doubt fingers towards Tejada. Though, Palmeiro was suspended after failing a drug test later that year only. During his investigation he said that the positive test must have been caused by a tainted B-12 vitamin injection given to him by Tejada. And this led investigators to look for Tejada.

In a statement issued by the Astros team, general manager Ed Wade said, “We’re happy that this issue is resolved.” He also said, “Miguel can now focus on baseball and direct all of his energy toward being a key member of the Astros. It was resolved the way Miguel and his representatives believed it would be, and we can now all move forward.”

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The war in court gets heated as baseball player Roger Clemens asks the court to rethink its decision to dismiss the perjury raps he filed against his former trainer Brian McNamee. This is the pitcher’s appeal to Judge Keith Ellison who ruled that McNamee was immune from being charged because he chose to become a state witness against Clemens and his other teammates. Clemens said this was unfair because his testimony was under the duress that he will not be prosecuted.

The 46-year-old pitcher is being charged with perjury after allegedly lying in a Congressional hearing that he did not use performance enhancing drugs. It was his word against McNamee’s who said he was the one who injected Clemens with the steroids in 1998-2001. He even had evidence to prove that he was telling the truth.

However, Clemens’ camp maintain his innocence saying his former trainer was malicious and was out to ruin his reputation.

From Bloomberg:

Ellison’s ruling “unwittingly gives prosecutors the power to grant absolute immunity to individuals who maliciously and falsely make public statements that accuse another of a crime,” Clemens’s lawyer Rusty Hardin said in the filing. “It effectively permits the government to try individuals in the court of public opinion and thereby destroy their reputation and livelihood regardless of whether the government ever intends to charge the person with a crime.”

A lawyer for McNamee, Richard Emery, said the request to reconsider was “an insult to the court.”

“It’s sort of like saying, ‘Please, Judge,’” Emery said in a telephone interview.

Clemens won seven Cy Young awards as his league’s best pitcher during his 24-year career, more than anyone in Major League Baseball history. He last pitched for the New York Yankees in 2007.

If his name and reputation was damaged because of McNamee’s testimony he would like the jurors to award damages to Clemens.

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Drug tests conducted among athletes in international sports may not be accurate, according to Swiss researchers who are asking for the temporary suspension of ongoing drug testing of foreign athletes. This inaccuracy would be due to ethnic differences that had not been taken into consideration prior to administering the tests.

The British Journal of Sports Medicine published this study at the height of the steroid use in international sports. According to the said study the ratio of testosterone and epitosterone in the urine tells whether the specimen is positive for steroid content. The threshold for athletes is four and above. But it has been discovered that this threshold varies depending on the ethnicity. It has been proven that the gene UGT2B17 varies for every ethnicity. These variations affect the metabolic rate and consequently affects the rate of testosterone that comes out of the urine.

From The Los Angeles Times:

In the new study, Swiss researchers demonstrated the inaccuracy of using a threshold of four for everyone. They added steroids to urine samples from 171 athletes: 57 men of black African ethnicity, 32 of Asian ethnicity, 32 of Hispanic ethnicity and 50 Caucasians. The men were soccer players between the ages of 18 and 36. The researchers found a variation in the UGT2B17 gene in 22% of the athletes, including eight out of 10 Asian men.

Based on the genetic variations, the researchers recalibrated the thresholds for suspected doping for each group and concluded an appropriate threshold would be 5.6 for men of black African ethnicity, 5.7 for Caucasians, 5.8 for Hispanics and 3.8 for Asian men.

International sports stars like Barry Bonds, Major League baseball stars Roger Clemens and Alex Rodriguez now face the consequences of being involved in steroids use. Both Bonds and Clemens face perjury raps for allegedly lying about their steroid use. Rodriguez on the other hand had admitted that he used PEDs in 2001-2003 while with the Texas Rangers.

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