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?
Oct 31, 2014, 11:55 PM EDT
The Angels are expected to address their pitching needs by making Howie Kendrick or David Freese available in a trade.
Oct 31, 2014, 11:15 PM EDT
Veteran lefty Jeff Francis has agreed to a minor league deal with an invitation to spring training with the Blue Jays.
Oct 31, 2014, 10:25 PM EDT
The Blue Jays will exercise a $6.7 million club option on J.A. Happ for the 2015 season.
Oct 31, 2014, 9:55 PM EDT
Twins prospect Byron Buxton had surgery on Thursday to repair a dislocated middle finger on his left hand.
Oct 31, 2014, 9:05 PM EDT
Nick Markakis is a free agent after the Orioles declined their half of a $17.5 million mutual option for the 2015 season.
Oct 31, 2014, 8:25 PM EDT
Pablo Sandoval says he wants to retire a Giant. He’s a free agent and is expected to sign a lengthy, expensive contract.
Oct 31, 2014, 7:35 PM EDT
Chad Billingsley is now a free agent after the Dodgers declined their club option for the 2015 season.
Oct 31, 2014, 6:55 PM EDT
Colby Lewis will test free agency after he and the Rangers couldn’t strike a deal.
Oct 31, 2014, 6:05 PM EDT
Madison Bumgarner’s post-season performance prompted Jockey to make underwear with “Mad Bum” on the backside, a special gift to Giants fans at Friday’s World Series parade in San Francisco.
Oct 31, 2014, 5:17 PM EDT
This season Hawkins became one of 16 pitchers in MLB history with 1,000 or more appearances and if healthy he’ll move into the top 10 next season.
Oct 31, 2014, 4:34 PM EDT
But will he accept it?
Oct 31, 2014, 4:26 PM EDT
Rios is now a free agent coming off a season in which he hit .280 with four homers and a .709 OPS in 131 games.
Oct 31, 2014, 4:00 PM EDT
The end of this awkward, orchestrated process is in sight.
Oct 31, 2014, 3:50 PM EDT
He’ll be eligible for free agency next offseason at age 34.
Oct 31, 2014, 3:20 PM EDT
Both players will reject the offers.
Oct 31, 2014, 2:55 PM EDT
Here we go.
Oct 31, 2014, 2:44 PM EDT
Dirks missed the entire season following back surgery and then a hamstring injury.
Oct 31, 2014, 2:30 PM EDT
Go O.D. on some hot trolley action.
Oct 31, 2014, 2:14 PM EDT
Chavez played for the Yankees in 2011 and 2012.
Oct 31, 2014, 2:00 PM EDT
Our last HBT Daily of the year gives a brief taste of the coming winter.
- The Cubs to announce the hiring of Joe Maddon on Monday 38
- Cubs fire manager Rick Renteria, clear way for Joe Maddon 69
- HardballTalk’s Top 150 Free Agents for 2015 24
- Joe Maddon’s pursuit of the Cubs job called “a classless act” by some in the game 121
- Kevin Youkilis opts for retirement at age 35 31
- 10 nominees for Hall of Fame’s Veterans Committee announced 108
- Bochy’s championship resume ranks among game’s best 19
- Alex Gordon would have been a dead duck had he tried to score 83
- A veteran says enough is enough when it comes to tributes for the soldiers (282)
- Jose Canseco shot his middle finger off (148)
- Oscar Taveras dies after car accident in the Dominican Republic (140)
- Joe Maddon’s pursuit of the Cubs job called “a classless act” by some in the game (121)
- Fox’s World Series broadcast gets a low grade from The New York Times (110)