Sep 19, 2013, 3:00 PM EDT
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?
Aug 20, 2014, 11:41 PM EDT
Yadier Molina is beginning to make some progress. Brian Stull of STL Baseball Weekly reports that the star catcher took swings in an indoor batting cage Wednesday at Busch Stadium for the first time since tearing the ulnar collateral ligament in his right thumb July 9 on an awkward side-swiping slide into third base.
Aug 20, 2014, 10:37 PM EDT
Mo’ne Davis and the South Philadelphia Taney Dragons took their first blow Wednesday evening in the double-elimination Little League World Series.
Aug 20, 2014, 9:59 PM EDT
Cubs shortstop Starlin Castro was a late scratch from Wednesday night’s game against the Giants because what was called a family emergency. Now the heartbreaking details are out …
Aug 20, 2014, 8:43 PM EDT
The Angels just got dealt a potentially-major blow. Garrett Richards — who has suddenly developed into an ace this season at age 26 — was taken off on a stretcher Wednesday evening at Boston’s Fenway Park after suffering what looked to be a very serious right knee injury in the bottom of the second inning of his start against the host Red Sox.
Aug 20, 2014, 8:15 PM EDT
Watch as Reds outfielder Billy Hamilton pulls off a sensational double play Wednesday in St. Louis …
Aug 20, 2014, 7:39 PM EDT
A sudden torrential downpour Tuesday night in Chicago — and complications with applying the tarp — left Wrigley Field unplayable even after four hours of maintenance by the grounds crew, so the Cubs were awarded a 2-0 victory over the visiting Giants because that was the score when was play was halted after the top of the fifth inning. The Giants protested, and it actually worked …
Aug 20, 2014, 7:14 PM EDT
Padres center fielder Cameron Maybin has officially been reinstated from his 25-game amphetamine suspension.
Aug 20, 2014, 6:21 PM EDT
Yankees ace Masahiro Tanaka was diagnosed in early July with a partially torn ulnar collateral ligament in his right elbow — the injury that almost always leads to Tommy John reconstructive elbow surgery — but he’s trying the rest and rehab route first and it’s actually going pretty smoothly so far.
Aug 20, 2014, 5:17 PM EDT
Wil Myers is off the disabled list after missing nearly three months with a fractured right wrist and the reigning Rookie of the Year winner is back in the Rays’ lineup.
Aug 20, 2014, 4:46 PM EDT
Over the weekend Carlos Beltran was cleared to play the outfield for the first time since May, but now his season-long elbow problems have returned and the 37-year-old has been scratched from the Yankees’ lineup.
Aug 20, 2014, 4:20 PM EDT
Swisher turns 34 years old in November and has two seasons remaining on his contract, at $15 million per year.
Aug 20, 2014, 3:30 PM EDT
He’s going to have his pick of landing spots, and Boston is just one of a zillion teams who would like him.
Aug 20, 2014, 3:15 PM EDT
Gerrit Cole’s lengthy minor-league rehab assignment is over and the Pirates have activated the former No. 1 overall pick from the disabled list for tonight’s start against the Braves.
Aug 20, 2014, 2:58 PM EDT
Joe Posnanski says the Royals’ plan is finally falling into place and has their fans believing they can get back to the glory days of the 1970s.
Aug 20, 2014, 2:50 PM EDT
Derek Holland’s minor-league rehab assignment has been a mixed bag, but after allowing four runs in his latest outing the Rangers left-hander proclaimed himself ready to rejoin the rotation.
Aug 20, 2014, 2:44 PM EDT
A nice gesture and some good customer service by the Cubs.
Aug 20, 2014, 1:31 PM EDT
Jenna and I talk about the tarp problem at Wrigley Field last night
Aug 20, 2014, 1:03 PM EDT
A long and rich tradition of giving up expensive things for a jersey number continues.
Aug 20, 2014, 12:48 PM EDT
No biggie, just two 42-year-old should-be Hall of Famers with a combined 20 All-Star game appearances and 1,023 career homers running into each other in the Des Moines, Iowa airport.
Aug 20, 2014, 12:16 PM EDT
When the Rockies declined their $4.25 million option on Rafael Betancourt and re-signed him to a minor-league deal the assumption was that he wouldn’t be a factor this season following Tommy John elbow surgery last August.
- Garrett Richards suffers ugly left knee injury 17
- Giants win protest, will complete rain-halted game at Wrigley Field on Thursday afternoon 30
- Royals might actually know what they are doing 27
- Curt Schilling reveals that he was diagnosed with mouth cancer, blames smokeless tobacco 70
- Clown shoes in Chicago: the Cubs grounds crew couldn’t get the tarp on the field 58
- And That Happened: Tuesday’s scores and highlights 69
- Tony La Russa denies that Kirk Gibson’s job is safe 22
- Pirates activate Andrew McCutchen from the disabled list 2
- Mike Matheny addresses turmoil in Ferguson: “It’s a sad situation. It’s a tough situation for our city” (127)
- Here’s today’s dose of barfy Derek Jeter sentiment (82)
- Let’s speed up the pace of play. But let’s not be gimmicky about it. Let’s just enforce the rules. (74)
- Curt Schilling reveals that he was diagnosed with mouth cancer, blames smokeless tobacco (70)
- And That Happened: Tuesday’s scores and highlights (69)