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The Clemens-McNamee case gets even more pathetic

Nov 12, 2009, 11:19 AM EDT

You know you’ve done something wrong in this world when a guy who is famous for being (1) an admitted liar; (2) an admitted drug dealer; and (3) who was once implicated in an alleged date-rape drug incident (and lied to police about it) sues YOU for defamation of character . . . and HAS THE STRONGER CASE!

Lawyers for Roger Clemens filed a motion to dismiss a defamation lawsuit by Brian McNamee, on the grounds that Clemens and his representatives weren’t serious when they accused the former trainer of trying to shake down the seven-time Cy Young Award winner.

Clemens, lawyer Rusty Hardin and others also weren’t serious when they questioned McNamee’s mental state, wrote attorney Joe Roden in the motion filed in federal court in Brooklyn, according to a report Thursday in the New York Daily News.

“They are part of the public battle of words between the two camps, and in no way suggest to the average reader that McNamee is actually mentally unfit,” Roden wrote.

THAT’S the defense? “We didn’t really mean it! It was all P.R. stuff!”  Really?!

How about a simple filing that says “Mr. McNamee, who has been shown to be a pretty big slime ball in the past few years, cannot possibly say to this court that his reputation has been damaged as a result of all of this.  Because you have no case if you have no damages, the lawsuit should be dismissed.”  Fine, pay the lawyers extra to make it sound fancy, but that’s what Clemens should be saying.

Of course, Clemens hasn’t done a single thing he should have done since the Mitchell Report came out. If he had simply shut up about it all, he may be someone’s pitching coach right now.  But between his ham-fisted P.R. offensive and his ill-advised defamation suit — which revealed to the world that he was messing around on his wife with a severly damaged country music star, possibly while she was underage – he has done more to make himself look like a slimeball than Brian McNammee ever could.

Mark McGwire has a job. Andy Pettitte was just in a World Series parade. Roger Clemens can’t show himself in public and is getting sued by a lying drug dealer for having his good name besmirched.  And he’s losing!

Great moves, Rocket!

  1. Bob - Nov 12, 2009 at 11:56 PM

    Interested to hear Craig’s take on Lee’s comments as that was my read of the article as well.

  2. Craig Calcaterra - Nov 13, 2009 at 5:31 AM

    Lee — some responses to your comments:
    1. I don’t think that McNamee shouldn’t be allowed to recover if defamed. I’m simply acknowledging — as a litigator — that it’s way easier to defend a defamation lawsuit from someone who has had widely publicized negative publicity like McNamee has. We can parse how bad his drug dealing was (whether it was heroin or steroids, he sold illegal drugs) or his incident with the police (charges or no, the point is that he was widely publicized as having lied to the cops) or his other stuff, but the fact remains, if you’re Clemens lawyers, how are you not telling the court that this man has a much harder road to prove defamation damages than you or I or anyone else?
    2. That particular post may say more about McNamee than Clemens. It does so because I was attempting to demonstrate that Clemens is in a pretty bad litigation position if he’s struggling to defend a lawsuit brought by a guy like McNamee. In the past two years, however, I have written extensively on the Clemens-McNamee stuff, and if you look around for it, you’ll find that I have been just as much if not more critical of Clemens than I have of McNamee. One example:
    http://shysterball.blogspot.com/2008/04/monster.html
    I am fully aware of the rest of the story. The post I wrote yesterday was merely a response to one discrete part of it.

  3. MW - Nov 13, 2009 at 10:16 AM

    Rick,
    The article makes it fairly clear to me that Clemens is a scumbag, has received TERRIBLE legal counsel, and his own public performances have made things impossibly worse.

  4. Old Gator - Nov 13, 2009 at 10:20 AM

    It occurred to me during that twilit moment between still being asleep and being awake enough to check which babe is holding down the morning anchor desk on The Weather Channel that this upside-down defamation case reminds me of nothing so much as the way Oscar Wilde’s defamation action against the Marquess of Queensberry blew up in his face. ‘Course I wouldn’t want to be within 90 feet 6 inches of the Rocket when I compared him to Oscar Wilde, lest I get plunked between the ear and the occipital bone a la Mike Piazza.
    However, anyone interested in comparing what Craig has to say about the Clemens-McNamee fiasco with the Wilde-Queensberry fiasco can check it out here: http://www.law.umkc.edu/faculty/projects/fTrials/Wilde/wilde.htm
    And we can all say, with Oscar (and any client of Scott Boras): “Give me the luxuries of life. I’ll do without the necessities.”

  5. Ron - Nov 13, 2009 at 11:34 AM

    The only thing we know for sure is that Rusty(Clemens Attorney) has a cash cow and Roger still has not recognized that fact. He has spent millions of dollars and all he had to say up front was I did it and I’m sorry and he would have saved those millions and been back in baseball.( See Mark and Andy)

  6. ding - Nov 13, 2009 at 11:55 AM

    what should Roger do???

  7. Rick2009 - Nov 13, 2009 at 1:00 PM

    It sounds like Brian McNamee has nothing to lose. Roger, cut your losses. You don’t want anymore of this stuff coming up or any new revelations about your private life. You will just look like a fool and further hurt your reputation. Go on with that defense about just joking, just a little kidding between you and Brian. Maybe he will let you off the hook for an apology and some cash. Unless of course you can use your charm and personality to get the judge to drop the case. Being rich doesn’t hurt either. You could tell the Judge, as it has been suggested in previous posts here,”How in the world could I defame someone that is a known liar, drug dealer, has questionable moral values, gets caught in uncompromising situations, and is just a lowdown, dity, rotten scoundrel that kicks dogs and is mean to his Mom. Just kidding Judge. Just wanted the publicity.”Tell them that Roger.

  8. Tony A - Nov 13, 2009 at 2:05 PM

    I wasn’t a “scumbag”, I was merely someone being entertained by Baseball…mark my words, if baseball went back to the ’60s for lack of steroids, we’d all be referring to the steroid era as “the good old days”, ansd longing for its return…

  9. JoeRunner - Nov 13, 2009 at 5:06 PM

    “Oh, what a tangled web we weave,
    When first we practice to deceive.”
    Scott
    It is fascinating what comes from a single, simple lie.

  10. lepusrex - Nov 13, 2009 at 10:22 PM

    Roger is not a bad person, you people are retards, get a life.

  11. Wil - Nov 15, 2009 at 8:43 PM

    Congress made matters worse by choosing sides. Hard to believe that all democrats believed McNamee and all of the GOP members believed Roger……

  12. Right - Dec 5, 2009 at 6:43 PM

    Right, it doesn’t make any sense to me why anyone would support one side or the other. Heaven knows, or some lobbyist.

  13. tony damico - Dec 8, 2009 at 3:34 PM

    now we know why clemens threw the broken bat towards mike piazza he was having a roid rage the sleazeball.

  14. Ginger Rhorer - Jan 31, 2010 at 8:58 PM

    Hey mate, when viewing at your blog i see some kind of weird codes all over the page, in case it’s important I just thought I’d let you know it says this with all sorts of other stuff after it: “Can’t locate MT/Bootstrap.pm in @INC”

  15. Angela - Mar 9, 2010 at 12:46 AM

    Great post, I really enjoy your blog, I will be stopping by again soon.

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