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 4, 2015, 11:02 PM EDT
O’Flaherty owns an ugly-looking 5.91 ERA in 25 appearances this season, but the 30-year-old has held left-handed batters to a .186/.286/.209 batting line in 2015 and a .201/.266/.263 line for his career.
Aug 4, 2015, 10:50 PM EDT
Shaffer, a first-round pick in 2012 out of Clemson University, was sporting an impressive .954 OPS and 16 home runs through 55 games this season at Triple-A Durham.
Aug 4, 2015, 10:21 PM EDT
Reds center fielder Billy Hamilton robbed Jason Heyward of extra bases on Tuesday night in Cincy …
Aug 4, 2015, 9:13 PM EDT
Walker was selected 24th overall back in June and later agreed to a $1.78 million signing bonus — around $314,400 under his recommended slot value.
Aug 4, 2015, 8:08 PM EDT
Jimmy Rollins received a huge ovation Tuesday evening in his first game back in Philly …
Aug 4, 2015, 7:15 PM EDT
Turner is having a tremendous season for the National League West-leading Dodgers, boasting a .323/.387/.563 slash line with 13 home runs, 20 doubles, and 44 RBI in 87 games.
Aug 4, 2015, 6:32 PM EDT
Tigers owner Mike Ilitch cut ties with longtime general manager Dave Dombrowski on Tuesday afternoon, but it doesn’t sound like anybody else is on the chopping block yet.
Aug 4, 2015, 5:20 PM EDT
After arriving in 2002, Dombrowski rebuilt an organization that was an utter dumpster fire.
Aug 4, 2015, 5:01 PM EDT
Martin heads back to the minors as a 27-year-old with nearly 1,500 plate appearances as a big leaguer.
Aug 4, 2015, 4:14 PM EDT
A shocking announcement from the Tigers today.
Aug 4, 2015, 3:45 PM EDT
He has a strained forearm.
Aug 4, 2015, 3:12 PM EDT
No Royals were suspended.
Aug 4, 2015, 3:00 PM EDT
He calls it a “hail Mary”
Aug 4, 2015, 2:46 PM EDT
In between the DL stints Freeman played just 10 games.
Aug 4, 2015, 1:19 PM EDT
He played two games for the Yankees.
Aug 4, 2015, 12:27 PM EDT
Incredible numbers for a 20-year-old shortstop.
Gregg Zaun to Yordano Ventura: “stop writing checks with your mouth that your skinny ass can’t cash”
Aug 4, 2015, 11:44 AM EDT
Gregg Zaun, as always, providing a voice of reason.
Aug 4, 2015, 10:30 AM EDT
He’s pitcher number two they received in the David Price deal.
Aug 4, 2015, 10:15 AM EDT
“I only have one head.”
Aug 4, 2015, 9:48 AM EDT
Not having access to athletes and coaches would be a bummer at first, but over time the press would do just fine with it.
- Brad Ausmus receives a vote of confidence from new Tigers general manager Al Avila 9
- Title or no title, Dave Dombrowski’s tenure in Detroit was a success 27
- Dave Dombrowski out as Tigers General Manager, team president; Al Avila takes over 59
- Blue Jays’ Aaron Sanchez, John Gibbons disciplined in the wake of Sunday’s plunkings 72
- Believe the hype: Carlos Correa is already a superstar 34
- Gregg Zaun to Yordano Ventura: “stop writing checks with your mouth that your skinny ass can’t cash” 100
- And That Happened: Monday’s scores and highlights 55
- Adrian Beltre needs just five innings for the third cycle of his career 16
- The benches cleared in Friday’s Giants-Rangers game (208)
- Blue Jays acquire David Price from the Tigers (113)
- Gregg Zaun to Yordano Ventura: “stop writing checks with your mouth that your skinny ass can’t cash” (109)
- Rangers land ace left-hander Cole Hamels from Phillies (106)
- And That Happened: Sunday’s scores and highlights (88)