Sep 19, 2013, 3:00 PM EST
What, you thought this ended last year? Ha! Justice can move slowly in the criminal justice system, but it crawls like an injured sloth in the civil justice system. And that’s the system through which Roger Clemens’ former trainer — Brian McNamme — finds himself as he sues Clemens for defamation arising out of the events of early 2008.
You remember early 2008, don’t you? The Mitchell Report came out and Roger Clemens was accused as a user. Rather than shrug and have it be the end of things like it was for Andy Pettitte and others, Clemens launched a bizarre and ill-advised media campaign against his chief accuser, Brian McNamee, during which he called McNamee all manner of not nice things, with “liar” being the least of ‘em. This was all occasioned by weird press conferences and appearances on “60 Minutes” and flawed power point presentations and taped phone calls and congressional testimony and, ultimately, a perjury trial which Clemens escaped without criminal conviction but without much of his reputation left intact.
Pettitte has been key to all of this, of course. Pettitte told McNamee that Clemens said he used HGH. McNamee told Congress and prosecutors that Pettitte said this. Then Pettitte walked into a criminal trial and created all of the reasonable doubt Clemens needed when he said he was only “50/50″ as to whether Clemens ever admitted anything. I’m sure the government was pleased with all of that. Of course, he didn’t exactly change his testimony — everyone said he did but he didn’t. Whatever you think of that, though, his testimony made life kinda hard for everyone.
Despite all of this, lawyers are still willing to call him to take an oath about all of this. He could testify as early as next week. I’ll be curious to hear if he is any more sure of Clemens’ statements now than he was last year or five years ago.
No matter what happens here, I’m still trying to figure out how Brian McNamee proves damages out of all of this. Irrespective of who was telling the truth and who was lying (for the record I figure Clemens was lying and McNamee telling the truth), how does a person show reputation damages via defamation when the only reason anyone knows who he is is because he was listed in the Mitchell Report as one of the most famous purveyors of steroids in the country? A drug dealer who also wrote an article in the New York times lying his butt off about steroids. A lying, op-ed writing drug dealer who also was tied up in an alleged date-rate-drug sexual assault in a pool about which he later lied to police? How does that damages case even look?
“Ladies and gentlemen of the jury; my client was once thought of as a lying, drug dealing perv. Then along came Roger Clemens, who told the whole world that my client had never given him drugs! He’s been ruined by this! Please, see to it that he compensated for the loss of his good name.”
In short: even if he proves the lie, how does he prove the reputation damages?
Mar 4, 2015, 10:15 AM EST
Now that David Price is out of the picture the Rays need a new Opening Day starter.
Mar 4, 2015, 9:59 AM EST
. . . it’s worth remembering that Schilling himself has some issues when it comes to sensitivity and enlightenment on social media.
Mar 4, 2015, 9:30 AM EST
Let us applaud one writer’s brave effort to battle the beast that is A-Rod Derangement Syndrome.
Mar 4, 2015, 9:03 AM EST
Juan Marichal’s got nothin’ on this pitcher from Murray State.
Mar 4, 2015, 8:24 AM EST
Terrible news that will keep Joel Hanrahan off the mound for at least another year.
Mar 4, 2015, 6:54 AM EST
I wasn’t aware that one could “disagree” with facts. But there we are.
Mar 3, 2015, 10:57 PM EST
It was a successful afternoon in pretty much every way at Fenway South. Except maybe one …
Mar 3, 2015, 9:44 PM EST
The expectation is that he will have to sit out the entire 2015 season.
Mar 3, 2015, 8:31 PM EST
The deal does not include an invitation to major league spring training, so Beato won’t be under consideration for one of the spots in the Orioles’ Opening Day bullpen.
Mar 3, 2015, 7:28 PM EST
Yoenis Cespedes made his presence felt around Tigers camp with this fourth-inning grand slam in Tuesday afternoon’s Grapefruit League opener against the visiting Orioles …
Mar 3, 2015, 6:32 PM EST
He can be solid rotation depth for some team.
Mar 3, 2015, 5:46 PM EST
Kang hit .356 with 40 homers in Korea last season.
Mar 3, 2015, 4:15 PM EST
Because, if he does, David Wright and Bobby Parnell are gonna go kick his butt.
Mar 3, 2015, 3:54 PM EST
Unless someone gets injured, spring training game results don’t matter a bit. But they are a reminder that everyone starts from square one each season. No matter how well they ended the season before.
Mar 3, 2015, 3:15 PM EST
Johnson made the All-Star team in 1970 and went on to win the batting championship by hitting .329, marking his third straight season with a batting average above .300.
Mar 3, 2015, 2:48 PM EST
He was only 52.
Mar 3, 2015, 2:10 PM EST
Baseball has officially started, but opinions on pants vary.
Mar 3, 2015, 1:34 PM EST
Also: there is baseball — honest to goodness baseball — on TV right now.
Mar 3, 2015, 12:30 PM EST
As a man who knows from hanging around in loungewear all day, I can tell you: this is cool.
Mar 3, 2015, 12:06 PM EST
Not exactly a ringing endorsement, but whatever.
- Daniel Murphy on Billy Bean: “I do disagree with the fact that Billy is a homosexual” 178
- Blue Jays sign Dayan Viciedo to a minor league deal 8
- Chris Sale will be sidelined for three weeks with foot fracture 11
- Aramis Ramirez says 2015 will be his last year 32
- Francisco Rodriguez re-signs with the Brewers 9
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended 307
- Pirates open to massive extension for Andrew McCutchen 18
- Report: Josh Hamilton had a relapse this offseason that “involved at least cocaine” 86
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended (307)
- Daniel Murphy on Billy Bean: “I do disagree with the fact that Billy is a homosexual” (183)
- Curt Schilling lowers the boom on some men tweeting threats against his daughter (136)
- San Francisco — and all of California — will consider a smokeless tobacco ban that includes MLB parks (131)
- Ichiro is happy to be away from Joe Girardi (88)