May 9, 2012, 11:03 AM EST
The Roger Clemens trial got entertaining yesterday as ex-steroids dealer Kirk Radomski — made famous in the Mitchell Report — took the stand.
He was fun at least. Lively. Animated. Entertaining even, for a jury that has been mostly bored to tears. The problem, though, is that the big piece of evidence he provided isn’t terribly big:
Radomski’s key piece of evidence is a shipment of HGH he said he sent to Clemens’ house about a decade ago. Radomski showed the jury an old, torn shipping label he found under his television set in his bedroom in June 2008. Federal agents had failed to find the label when they searched his home three years earlier – because they apparently didn’t look under what Radomski called his huge, old-model “dinosaur of a TV.”
The label was addressed to Brian McNamee, Clemens’ former strength coach, at Clemens’ home address in Texas. Radomski said the shipment was for two kits of HGH – “about 50-100 needles” – and estimated it took place in 2002.
It’s not irrelevant. I mean, it meets the definition of evidence that has ” the tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence,” as Rule 401 says. It could, if the jury is otherwise inclined to convict Clemens, support that conviction.
But really: a long lost scrap of paper from underneath a drug dealer’s TV, from a package that was sent to someone who is not the defendant? I can’t say that will have a ton of weight, especially in these post-CSI days when jurors expect a ton more from physical evidence than that which could reasonably be given.
So, fun. Maybe relevant. But this trial still turns 100% on whether the jury will believe Brian McNamee. That’s all that matters.
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