Strong case against Clemens

September 01, 2011
  • Roger Clemens leaves federal court in Washington after a judge declared a mistrial in the case.

By William C. Kashatus

Roger Clemens was given a reprieve in July when U.S. District Judge Reggie Walton declared a mistrial in the former Yankee star's perjury trial because of inadmissible evidence. But on Friday, a hearing will be held to determine whether the government can retry the case.

If Clemens is forced to return to federal court, he's in big trouble. The government has a much stronger case against him than it had against former San Francisco Giants slugger Barry Bonds. And this time, the prosecutors won't be as careless.

Charged with lying to a federal grand jury about illegal steroid use, Bonds was convicted in April on one count of obstructing justice. But the jury could not agree to convict him on three more serious charges of perjury.

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Clemens, a seven-time winner of the Cy Young Award, pitched for 23 years. He is accused of lying under oath to the House Government Reform Committee in 2008 when he denied ever using performance-enhancing drugs.

Charged with six felony counts, including perjury, false statements and obstruction of Congress, Clemens will not be as fortunate as Bonds.

Prosecutors in the Bonds trial had just one objective key witness - Kimberly Bell, the slugger's former mistress - and her testimony about watching Bonds inject a needle in his stomach ultimately failed to sway the jury. Bonds' trainer, Greg Anderson, could have offered damning testimony, but he chose to spend time in jail rather than testify against his former client.

Clemens will have to face his former trainer and friend, Brian McNamee, the prosecution's key witness, who has been extremely cooperative with the government. McNamee told the House Government Reform Committee in 2008 that he injected Clemens with steroids and human-growth hormone. His statement led to a Justice Department investigation and a subsequent perjury charge against the star pitcher.

Even if Rusty Hardin, Clemens' lead attorney, tries to discredit McNamee, the prosecution will have Andy Pettitte waiting in the wings.

Pettitte, Clemens' former teammate, friend, and workout partner, already gave a sworn deposition and affidavit that the Yankee ace admitted using HGH to him.

What's more, Pettitte, a devout Christian, acknowledged using HGH himself to recover from injuries. The confession underscored his reputation for honesty and makes him a very credible witness.

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