Skip to content

Andy Pettitte to be deposed in Brian McNamee’s defamation suit against Roger Clemens

Sep 19, 2013, 3:00 PM EDT

Former Roger Clemens Teammate Andy Pettitte Appears At His Perjury Trial Getty Images

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?

Latest Posts
  1. Scott Boras and the Mets disagree on what Matt Harvey’s innings limit is

    Sep 4, 2015, 11:03 AM EDT

    Matt Harvey Matt Harvey

    Just when you thought the Mets would enjoy a smooth, controversy-free final month of the regular season.

  2. And That Happened: Thursday’s scores and highlights

    Sep 4, 2015, 7:29 AM EDT

    Carlos Gonzalez AP

    Carlos Gonzalez hit two homers for the second straight night.

  3. Bryce Harper walks in all four of his plate appearances, scores four runs

    Sep 3, 2015, 11:04 PM EDT

    FILE - In this July 21, 2015, file photo, Washington Nationals' Bryce Harper pauses in the dugout during a baseball game against the New York Mets at Nationals Park in Washington. Mike Trout turned 24 on Friday, and he and Bryce Harper could become the youngest pair of MVPs in major league history if they win this year.  (AP Photo/Alex Brandon, File) AP

    Bryce Harper didn’t have an official at-bat tonight, but he still made a major impact in the Nationals’ 15-1 blowout victory over the Braves.

  4. Marcus Stroman is getting closer to rejoining the Blue Jays

    Sep 3, 2015, 11:00 PM EDT

    Toronto Blue Jays starting pitcher Marcus Stroman throws during the first inning of a spring training exhibition baseball game against the Pittsburgh Pirates in Bradenton, Fla., Wednesday, March 4, 2015. (AP Photo/Gene J. Puskar) AP

    Stroman threw 4 2/3 hitless innings in his first minor league rehab start.

  5. Jose Iglesias exits game after being hit in hand while trying to bunt

    Sep 3, 2015, 10:29 PM EDT

    jose iglesias

    Tigers shortstop Jose Iglesias was forced to exit Thursday’s game against the Royals in the third inning when he was hit in the hand while trying to drop down a bunt.

  6. Corey Seager starting at shortstop and batting eighth in MLB debut Thursday

    Sep 3, 2015, 9:50 PM EDT

    GLENDALE, AZ - FEBRUARY 28: Corey Seager #61 of the Los Angeles Dodgers poses for a portrait during spring training photo day at Camelback Ranch on February 28, 2015 in Glendale, Arizona. (Photo by Rob Tringali/Getty Images) Getty Images

    The Dodgers called up top prospect Corey Seager today and manager Don Mattingly isn’t wasting any time getting him into the starting lineup…

  7. Daniel Murphy day-to-day with mild quad strain

    Sep 3, 2015, 8:46 PM EDT

    NEW YORK, NY - AUGUST 16:  Daniel Murphy #28 of the New York Mets reacts after he is out at first to tend the eighth inning against the Pittsburgh Pirates on August 16, 2015 at Citi Field in the Flushing neighborhood of the Queens borough of New York City.The Pittsburgh Pirates defeated the New York Mets 8-1.  (Photo by Elsa/Getty Images) Getty Images

    Murphy had a stint on the disabled list earlier this season due to a left quad strain.

  8. Stephen Strasburg expected to return for series against Mets next week

    Sep 3, 2015, 7:37 PM EDT

    Washington Nationals starting pitcher Stephen Strasburg throws during the first inning of a baseball game against the Miami Marlins at Nationals Park, Sunday, Aug. 30, 2015, in Washington. (AP Photo/Alex Brandon) AP

    Strasburg left his most recent start on Sunday with discomfort in his upper back, but he’s on track to make his return for a crucial series against the Mets next week.

  9. Andrew McCutchen is battling some Achilles tightness

    Sep 3, 2015, 6:50 PM EDT

    Pittsburgh Pirates' Andrew McCutchen hits a solo-home run off Chicago Cubs starting pitcher Dan Haren during the third inning of a baseball game in Pittsburgh, Wednesday, Aug. 5, 2015. (AP Photo/Gene J. Puskar) AP

    McCutchen feels “a little sore” and has been “hobbling around a little bit,” so he’ll take a rest before a big series against the Cardinals this weekend.

  10. ESPN pulls Curt Schilling off broadcasts for rest of regular season and Wild Card game

    Sep 3, 2015, 6:13 PM EDT

    Curt Schilling AP

    ESPN has pulled Schilling from their broadcasts for the remainder of the season.

  11. Rival scout says he’s really impressed with what the Phillies have done this year

    Sep 3, 2015, 4:31 PM EDT

    Ruben Amaro Jr. Ruben Amaro Jr.

    Sentiments like these — of which I’ve seen a few — makes me wonder about Ruben Amaro.

  12. Matt Harvey is expected to take his next turn

    Sep 3, 2015, 1:51 PM EDT

    Matt Harvey Matt Harvey

    He was suffering from dehydration yesterday.

  13. David Ortiz tweets his happiness about the Deflategate decision

    Sep 3, 2015, 1:05 PM EDT

    World Series - Boston Red Sox v St Louis Cardinals - Game Four Getty Images

    Finally, Tom Brady and Boston sports fans get a win!

  14. Tim Lincecum’s career with the Giants is likely over

    Sep 3, 2015, 12:46 PM EDT

    Tim Lincecum Getty Getty Images

    Shut down for the season with a hip injury.

  15. David Ortiz is more likely to be boned in Hall of Fame voting for being a DH than for PED stuff

    Sep 3, 2015, 10:38 AM EDT

    David Ortiz Getty Images

    Not that either of those things are valid reasons to keep a guy out of the Hall of Fame.

Top 10 MLB Player Searches
  1. G. Stanton (2488)
  2. H. Ramirez (2485)
  3. G. Springer (2458)
  4. S. Strasburg (2380)
  5. J. Baez (2349)
  1. C. Correa (2346)
  2. B. Crawford (2271)
  3. H. Pence (2260)
  4. M. Teixeira (2195)
  5. B. Harper (2057)