Clemens suing McNamee for defamation

[AFJF]

Well, A LOT of people said that if Clemens were innocent he'd be suing...apparently now he is.

Even if he's guilty, he's gotta know he can afford MUCH better lawyers than McNamee and often times that's what it comes down to in court.

Report: Roger Clemens sues Brian McNamee for defamation

By RONALD BLUM, AP Baseball Writer

January 7, 2008

AP - Jan 7, 1:28 am EST

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NEW YORK (AP) -- Roger Clemens filed a defamation suit against former personal trainer Brian McNamee in Texas state court Sunday night, according to the Houston Chronicle, just before his interview with CBS's "60 Minutes" was about to air.

Clemens claims McNamee was threatened with jail if he didn't connect the pitcher to steroids, according to the suit, the Chronicle reported on its Web site early Monday. The suit was filed in Harris County civil courts, the paper said.

"All of McNamee's accusations are false and defamatory per se," the lawsuit said, according to the Chronicle. "They injured Clemens' reputation and exposed him to public hatred, contempt, ridicule, and financial injury. McNamee made the allegations with actual malice, knowing they were false."

Clemens, who was scheduled to hold a late afternoon news conference Monday in Houston, asked the court to declare that he has not defamed McNamee, the paper said.

The seven-time Cy Young award winner sounded indignant and defiant in his first interview since McNamee accused him of using steroids and human growth hormone, setting up a potential confrontation if the pair testify under oath at a Jan. 16 hearing.

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The most prominent player implicated in last month's Mitchell Report, Clemens steadfastly maintained his innocence and called McNamee's allegations "totally false."

"If he's doing that to me, I should have a third ear coming out of my forehead. I should be pulling tractors with my teeth," said Clemens, who wore a lavender button-down shirt during the interview, taped Dec. 28 at his home in Katy, Texas.

On Friday, when the House Committee on Oversight and Government Reform invited Clemens and McNamee to testify, the pair spoke by telephone, an individual close to the situation said, speaking on condition of anonymity because public comments weren't authorized. The conversation first was reported Sunday by Newsday.

The individual would not say what was discussed.

Clemens' attorney Rusty Hardin told the Chronicle that it was McNamee who arranged to talk to Clemens on Friday but instead of getting back to Clemens the conversation was leaked "with spin" to Newsday.

"We kept thinking McNamee might change his mind and come to his senses and admit he was lying," Hardin told the Chronicle.

McNamee also had been contemplating a suit.

"We welcome a lawsuit. It makes our decision easy," Richard Emery, one of McNamee's lawyers said earlier Sunday. "If he sued McNamee, it would make things very simple."

During the "60 Minutes" segment broadcast Sunday night, Clemens said he might be willing to take a lie-detector test and was "shocked" close friend Andy Pettitte used human growth hormone. He said -- again -- that he probably will retire.

AP - Jan 7, 1:23 am EST

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A fiery look in his eyes and stubble on his face, Clemens told CBS's Mike Wallace that he would have spoken with baseball drug investigator George Mitchell had he been aware McNamee accused him of using steroids and HGH.

"I thought it was an impassioned, disingenuous and desperate plea," said Earl Ward, McNamee's primary lawyer.

Said Hardin: "Anyone not persuaded by that interview is not a well person."

One of the few revelations in the much-hyped interview came when Clemens was asked whether he could conceivably take a lie detector test.

"Yeah," he answered. "I don't know if they're good or bad."

After the news conference will come the congressional hearing. Pettitte, former Yankees teammate Chuck Knoblauch and former Mets clubhouse attendant Kirk Radomski, who allegedly supplied McNamee with performance-enhancing drugs, also were asked to appear before the committee.

Lawyers for Clemens and McNamee have said their clients are willing to testify but Hardin wouldn't commit to the date.

Emery said he wanted to hear testimony from Clemens.

"If Congress calls him, he pretty much has to take the Fifth, and if he takes the Fifth, nobody will ever believe him again and all this effort has gone down the drain," Emery said. "And if he doesn't take the Fifth, it's very hard to imagine that a prosecutor isn't going to pursue this. So I think he's put himself in a terrible corner."

Clemens said his lawyer advised him not to speak with Mitchell, who spent 20 months on his investigation.

"If I would've known what this man, what Brian McNamee (had) said in this report, I would have been down there in a heartbeat to take care of it," Clemens said.

Only two active players, Jason Giambi and Frank Thomas, spoke with Mitchell, a Boston Red Sox director and a former Senate majority leader.

AP - Jan 6, 7:07 pm EST

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In excerpts of the CBS interview that were released Thursday, Clemens said McNamee injected him with vitamin B-12 and the painkiller lidocaine. In the full 14-minute broadcast, Clemens also said he was given an injection of toradol under the supervision of the New York Yankees.

McNamee told Mitchell he injected Clemens with steroids and HGH about 16-to-21 times during 1998, 2000 and 2001 -- before baseball players and owners agreed to ban performance-enhancing substances.

Eighth on the career list with 354 wins, the 45-year-old Clemens said he was angered McNamee's accusations have been accepted as truth by some.

"It's hogwash for people to even assume this," Clemens said. "Twenty-four, 25 years, Mike. You'd think I'd get an inch of respect. An inch."

Clemens said the descriptions McNamee gave Mitchell of injections "never happened."

"If I have these needles and these steroids and all these drugs, where did I get 'em?" he said. "Where is the person out there (who) gave 'em to me? Please, please come forward."

McNamee said he obtained the drugs from Radomski or Clemens supplied them.

"Why didn't I keep doing it if it was so good for me? Why didn't I break down? Why didn't my tendons turn to dust?" Clemens said.

Shortly before Mitchell's findings were released Dec. 13, Clemens said McNamee e-mailed him asking where Clemens bought fishing equipment in Cabo San Lucas, Mexico, but never brought up the upcoming report.

McNamee told Mitchell he injected Pettitte with HGH in 2002. Pettitte issued a statement saying he took two HGH injections while rehabbing his elbow.

AP - Jan 3, 4:46 pm EST

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"I had no knowledge of what Andy was doing," Clemens said.

Asked why McNamee would tell the truth about Pettitte and lie about Clemens, Clemens said Pettitte's case was "totally separate."

"I was shocked to learn about Andy's situation," Clemens said. "Had no idea about it."

Clemens wouldn't say what penalty should be assessed on an individual found to have used performance-enhancing drugs.

"I think it's a self-inflicted penalty. They break down quick. It's a quick fix," he said. "They're in and out of the game."

Clemens also discussed his use of Vioxx, an arthritis medication withdrawn from the market in 2004 because a clinical trial revealed increased risk of heart attack and stroke.

"I was eating Vioxx like it was Skittles," Clemens said. "And now -- now these people who are supposedly regulating it, tell me it's bad for my heart."

Clemens has said he was retired after each of the past four seasons but came back each time, spending three seasons with his hometown Houston Astros and then returning to the Yankees last year. He said "you'll never see me pitch again," but hedged slightly and said "probably."

"The higher you get up on the flagpole, the more your butt shows. I understand all that," he said. "But I'm tired of answering to 'em. That's probably why I will not ever play again. I don't want to answer to it. I want to slide off and be just a citizen."

[Kidhuman]

Good for him. I for one would like to see him win this and clear his name to shove the damn Miotchell report up eligs ass and proe it was a worthless venture.

**Disclaimer - I wouldnt care if it was anyone on the list proving the inestigation was a huge waste of time and money.

[DMaynard]

If he is innocent, then take a lie detector test. Yes, scumbag lawyers have brainwashed us into believing they are unreliable. And they are. They are only 99.9% reliable.

[Scott Dierking]

Good for him. I for one would like to see him win this and clear his name to shove the damn Miotchell report up eligs ass and proe it was a worthless venture.

**Disclaimer - I wouldnt care if it was anyone on the list proving the inestigation was a huge waste of time and money.

A worthless venture to determine to what extent illegal drugs are being used by players in your sport?

Do you want Selig to just continue to whistle by the graveyard?

[NIGHT STALKER]

A worthless venture to determine to what extent illegal drugs are being used by players in your sport?

Do you want Selig to just continue to whistle by the graveyard?

You know, if they really want to make this a fair investigation, they (Mitchell or whomever) should subpoena every swinging dick trainer from all 30 teams to appear before a grand jury...everyone, not just two or three that they (Mitchell) had access to...personally, it doesn't mean squat if you're not going after everyone and if you think the other clubhouses are "clean" then you still believe in Santa Claus.

[DaBrick Wall]

If he is innocent, then take a lie detector test. Yes, scumbag lawyers have brainwashed us into believing they are unreliable. And they are. They are only 99.9% reliable.

No they aren't.

[Bob]

Go, Roger! He should sue Selig and MLB, too.

[Scott Dierking]

You know, if they really want to make this a fair investigation, they (Mitchell or whomever) should subpoena every swinging dick trainer from all 30 teams to appear before a grand jury...everyone, not just two or three that they (Mitchell) had access to...personally, it doesn't mean squat if you're not going after everyone and if you think the other clubhouses are "clean" then you still believe in Santa Claus.

Serving a subpoena does nothing.

They can, and would just invoke their 5th ammendment right.

Heck, if we thought that you could just issue subpoenas and people would testify and tell all, subpoena the players!

The reason that they had access to Radomski McNamee was because they were busted on peddling charges, and granted immunity if they named names.

Therein lies the rub. Did they give names because they felt they had to? Or is it the truth?

Based on the Pettitte coming out, McNamee may have been telling the truth.

It will be interesting to see if and what Roger testifies to Congress about

[Arsis]

If he is innocent, then take a lie detector test. Yes, scumbag lawyers have brainwashed us into believing they are unreliable. And they are. They are only 99.9% reliable.

No they aren't, and it is only lawyers who feel they are unreliable, forensic psychologists/psychiatrists also feel that they do not meet the standard of being accepted i court. the science to prove it's accuracy just doesn't exist. It is also quite easy to fool lie detector tests by artificially raising/lowering your heartbeat.

[AVM]

No they aren't.

And you know this how? Stop throwing out a bunch of garbage in an attempt to make poor Roger look innocent.

[Zeebers]

No they aren't.

Agreed, lie detectors are not admissible in court and have holes in them. But if you saw the entire 60 minutes interview, you have to believe that Clemens is more guilty than going into it. I mean his answers were at best bizzare and cryptic. At first I was weary about Wallace not asking tough enough questions, but he did ask him some tough questions. The only thing I had an issue with was Wallace not asking follow questions when Clemens gave the weirdest answers. When asked what the punishment should be, he basically said, "the punishment was to the bodies of steroid users." What kind of answer was that??? How about that comment about the third eye and pulling tractors with his teeth?? Does he really think the general public believes that steroid users turn into super mutants or something??? As a matter of fact, I feel bad for him more than anything, not that he's being accused of juicing up, but I think he's finally lost it. He looked pathetic last night.

[Scott Dierking]

Go, Roger! He should sue Selig and MLB, too.

You can't sue when people tell the truth about you.

[DMaynard]

No they aren't, and it is only lawyers who feel they are unreliable, forensic psychologists/psychiatrists also feel that they do not meet the standard of being accepted i court. the science to prove it's accuracy just doesn't exist. It is also quite easy to fool lie detector tests by artificially raising/lowering your heartbeat.

I think this is a case where they could be relied upon, if both sides agree to the test. Where one side has to be lying. If they both fail, throw out the results. If they both pass, throw out the results. But, if one passes and the other fails, then what in the world could the odds be that that the one who passed is actually lying and fooled the machine AND the one who is telling the truth failed the test for whatever reason. And then, only use it as strong evidence along with everything else.

But no. Throw out that evil technology and let's ask people to put their hand on a Bible and swear to tell the truth.

[Scott Dierking]

I think this is a case where they could be relied upon, if both sides agree to the test. Where one side has to be lying. If they both fail, throw out the results. If they both pass, throw out the results. But, if one passes and the other fails, then what in the world could the odds be that that the one who passed is actually lying and fooled the machine AND the one who is telling the truth failed the test for whatever reason. And then, only use it as strong evidence along with everything else.

But no. Throw out that evil technology and let's ask people to put their hand on a Bible and swear to tell the truth.

Roger must be trusted. He has won over 35o games in his career. All of his achievements in baseball.

He CAN"T be lying.

[Zeebers]

Roger must be trusted. He has won over 35o games in his career. All of his achievements in baseball.

He CAN"T be lying.

Not to mention, he's given 24, 25 years of his life to the game.

[jets22]

Whether Roger is guilty or not this whole Mitchell report thing is a joke, worse idea selig ever had. Is he trying to bring negative stuff to baseball, lose fans?? just stupid.....

[Scott Dierking]

Whether Roger is guilty or not this whole Mitchell report thing is a joke, worse idea selig ever had. Is he trying to bring negative stuff to baseball, lose fans?? just stupid.....

You would rather Baseball did not investigate itself and see how it could root out performance enhancing drugs? Stick their heads in the sand and hope that supposed testing and bans will cure everything?

That is a naive approach.

It is painful for baseball to do, but it has to uncover what went wrong, how it went wrong and what can be done in the future to make sure it does not happen again.

In doing so, some players had to be "outed".

That is really not a bad thing, and should help others think twice in the future.

[jets22]

You would rather Baseball did not investigate itself and see how it could root out performance enhancing drugs? Stick their heads in the sand and hope that supposed testing and bans will cure everything?

That is a naive approach.

It is painful for baseball to do, but it has to uncover what went wrong, how it went wrong and what can be done in the future to make sure it does not happen again.

In doing so, some players had to be "outed".

That is really not a bad thing, and should help others think twice in the future.

I never said to ignore it, but steps have already been taken, with new testing and such to stop the use of steroids, It may not cure everything, but neither will interviewing a limited amount of people with limited crediabilty. The game is as popular as ever, why would you want to take steps to hurt that ,,, Bad idea by a bad commish.

[Scott Dierking]

I never said to ignore it, but steps have already been taken, with new testing and such to stop the use of steroids, It may not cure everything, but neither will interviewing a limited amount of people with limited crediabilty. The game is as popular as ever, why would you want to take steps to hurt that ,,, Bad idea by a bad commish.

Not all steroids are detectable. HGH is not. The testing is behind the development of these designer drugs.

As with anything, the best policy is full disclosure. Baseball owed it to itself, the clean players and the public to determine how deep and far reaching the problem was and is. Even if it is painful and brings bad publicity.

Just because the game is popular, does not mean to sweep things under the carpet. They will get exposed someday.

Take your lumps, learn and move on.

[Maxman]

You can't sue when people tell the truth about you.

That is not true.

You can sue anybody and anytime. You might now win but you can try!

[Bob]

You can't sue when people tell the truth about you.

So, you were there? You tested the substance? If you don't have actual knowledge of the accusations you're making, you should really stop talking out your ass.

History says you won't, though.

[Scott Dierking]

So, you were there? You tested the substance? If you don't have actual knowledge of the accusations you're making, you should really stop talking out your ass.

History says you won't, though.

Well, Bob, I do have eyes. I can see what age has done to other players, other pitchers, even ones who were as well conditioned as Roger Clemens. You know what, they don't often get better.

Isn't it just coincidental that Roger Clemens improved sooooo drastically after being shot up with "vitamins"? I am beginning to think that maybe "vitamins" ought to be the banned substance, after the near miraculous effects that had on Roger after their injection.

I haven't accused anyone of anything. All I can do is look at the "evidence" and consider it suspect. Where there is smoke, there is often fire.

McNamee told the truth about Pettite. Pettite has verified it. And we are to believe that Roger had ZERO knowledge of what Andy had done? After sharing the same trainer? After working out together so closely?

And we are also to believe that Roger, with his close friend McNamee had ZERO knowledge of his illegal drug trafficking, the trafficking that was related to performance enhancers? This the man that Clemens was firends and confidante with?

Bob, it is not the state of Ny that you live in, it is the state of denial.

But I will leave you there. Your wife can tuck you in, give you a warm glass of milk, and tell your stories of unicorns and rainbows. Letting you forget this horrible world filled with accusations and people saying bad things.

Sweet dreams.

[Kidhuman]

A worthless venture to determine to what extent illegal drugs are being used by players in your sport?

Do you want Selig to just continue to whistle by the graveyard?

I dont recall any other major sport sending special investigators into the locker rooms and probing around, they all got along just fine. Selig is an ass, Mitchell is a douche and anyone who lies and swears by the report is sucking both of them off.

You would rather Baseball did not investigate itself and see how it could root out performance enhancing drugs? Stick their heads in the sand and hope that supposed testing and bans will cure everything?

That is a naive approach.

About as naive as defending the report.

It is painful for baseball to do, but it has to uncover what went wrong, how it went wrong and what can be done in the future to make sure it does not happen again.

In doing so, some players had to be "outed".

That is really not a bad thing, and should help others think twice in the future.

Nothing had to be done, this report turned up nothing at all. Baseball did unanimous testing and found well over 100 people tested positive. This 8 month long investigation turned up less than that???? They had names, and wished not to pursue. It wasted alot of time and money(they could have paid the Pirates payroll with the money it cost for 6 years). They have a policy in place and testing, use that

[Bob]

Well, Bob, I do have eyes. I can see what age has done to other players, other pitchers, even ones who were as well conditioned as Roger Clemens. You know what, they don't often get better.

Isn't it just coincidental that Roger Clemens improved sooooo drastically after being shot up with "vitamins"? I am beginning to think that maybe "vitamins" ought to be the banned substance, after the near miraculous effects that had on Roger after their injection.

I haven't accused anyone of anything. All I can do is look at the "evidence" and consider it suspect. Where there is smoke, there is often fire.

McNamee told the truth about Pettite. Pettite has verified it. And we are to believe that Roger had ZERO knowledge of what Andy had done? After sharing the same trainer? After working out together so closely?

And we are also to believe that Roger, with his close friend McNamee had ZERO knowledge of his illegal drug trafficking, the trafficking that was related to performance enhancers? This the man that Clemens was firends and confidante with?

Bob, it is not the state of Ny that you live in, it is the state of denial.

But I will leave you there. Your wife can tuck you in, give you a warm glass of milk, and tell your stories of unicorns and rainbows. Letting you forget this horrible world filled with accusations and people saying bad things.

Sweet dreams.

Yep. I was right. More ass talk. No proof.

[Scott Dierking]

Yep. I was right. More ass talk. No proof.

Bob, you seem to have a message forum confused with a court of law.

Opinions are proffered here.

Someone may even have the audacity to have one contrary to your own.

I am sorry that makes you squirm.

[Bob]

Bob, you seem to have a message forum confused with a court of law.

Opinions are proffered here.

Someone may even have the audacity to have one contrary to your own.

I am sorry that makes you squirm.

I'm not squirming. Just pointing out the fact that you're talking out your ass.

[Scott Dierking]

I'm not squirming. Just pointing out the fact that you're talking out your ass.

Bob, are you an NFL coach or player? Are you a part of the Jet organization?

Do you offer opinions on all of those subjects?

Quit talking out of your ass!

[DaBrick Wall]

You can't sue when people tell the truth about you.

You can state your opinion all you want but please don't try to make it fact.

[DaBrick Wall]

Well, Bob, I do have eyes. I can see what age has done to other players, other pitchers, even ones who were as well conditioned as Roger Clemens. You know what, they don't often get better.

Isn't it just coincidental that Roger Clemens improved sooooo drastically after being shot up with "vitamins"? I am beginning to think that maybe "vitamins" ought to be the banned substance, after the near miraculous effects that had on Roger after their injection.

I haven't accused anyone of anything. All I can do is look at the "evidence" and consider it suspect. Where there is smoke, there is often fire.

McNamee told the truth about Pettite. Pettite has verified it. And we are to believe that Roger had ZERO knowledge of what Andy had done? After sharing the same trainer? After working out together so closely?

You're right. Thank GOD we have your eyes. I mean, I was using this thing called evidence to form my opinion, but since I have your eyes now, you have shown me the light.

Nolan Ryan pitched at a high level until 45 too. Guess he was on 'roids.

[Scott Dierking]

You're right. Thank GOD we have your eyes. I mean, I was using this thing called evidence to form my opinion, but since I have your eyes now, you have shown me the light.

Nolan Ryan pitched at a high level until 45 too. Guess he was on 'roids.

Who said you should use my eyes?

Feel free to state your own opinion. Doesn't mean I have to agree with it. Please allow others the same right.

yes, Ryan did pitch until 46. At decreasing effectiveness. Like every other "normal" human.

[anskyruben]

Bob, you should know StD can't be cured.

[GimmeShelter]

That is not true.

You can sue anybody and anytime. You might now win but you can try!

I heard on the FAN that by suing Roger can legally get out of answering any questions b4 Congress.

Timing is everything.

[Bugg]

Kinda grew up in the same communitry as Macnamee. I never and still don't know him as anything more than a nodding acquaintance. It's fair to say he grew up in a community with a lot of cops and firemen. And more than that.One thing in his background though that makes talking to the feds a really big deal; Macnamee for 4 years in the ealry 1990s was an NYYPD cop.

Understand this-no cop talks to the feds unless he has no other choice, because lying to the feds, even on the most trivial thing, is a federal felony. You can lie to an NYPD homicide detective all day and night; no real biggie. Lie to a fed about what happened or didn't happen,or the color of the wall or where you had breakfast and you're facing jail.This was drilled into Macnamee from the day he was sworn in and probably way before-avoid talking to a fed unless you have no other choice, and then only tell then the bare minimum.But what ever you do, don't let them catch you lying.

Macnamme has kids. As an ex-cop, even a in low level federal prison, Mcanamee would have to grow eyes in the back of his head. Being a rat, as it were, is not something that comes naturally to anyone that was a cop, even less so to having no choice but to talk to federal investigators, as he did with Mitchell's investigators.

What I don't get-why did they lean so hard on Macnamee and Radomski,and virtually no one else? There were probably similar guys throughout baseball,and if Mitchell was serious about his 18-month, $20 million investigiation, how do you only lean on 2 guys in only 1 city? what did they do for 18 months and with that much cash if they practically never left NYC? I'm not defending Clemens, but there are a whole bunch of players who Mitchell does or should KNOW used, and a whole bunch of trainers and hangers on Mitchell does or should KNOW were distributing, and spare these 2 guys(and Bonds' pal Anderson , who will not talk and is in jail) we don't know who they are and clearly no one leaned on them this hard.

Good to see Mike Lupica is going hard after this story. News has it he may have left the beach or his Connecticut mansion or a high society soiree to pursue this story. I await him donating his profits from his 1998 quick buck cash in McGwire/Sosa epic book that he wrote in 10 minutes to a worthy charity.

[Barton]

Early nomination for quote of the year, Clemens in his 60 minute interview:

Clemens:

He e-mails me and asks me where all the good fishing equipment is down in Cabo that I bought so he can go fishing. Thank you very much, I said have a good time, go fishing. Doesn't say a word, that, you know, I'm fixing to bury you, all these accusations, what do we do about it. Didn't say a word about it.

That's what pisses me off!

LOL

[Thai Jet]

No they aren't.

Well that convinces me.