USA TODAY US Edition

Clemens trial set to try again

Jury selection begins today; first attempt ended in July

- By Kevin Johnson USA TODAY

WASHINGTON — For the second time in 10 months, federal prosecutor­s and defense attorneys will begin jury selection today in the perjury trial of baseball pitching great Roger Clemens, who is accused of lying to Congress about his alleged use of performanc­e-enhancing drugs during a profession­al career that spanned more than two decades.

Clemens’ first trial was abruptly halted in July — two days into the case — when prosecutor­s introduced evidence previously banned by U.S. District Judge Reggie Walton.

Despite the government’s nearfatal blunder, prosecutor­s get a sec- ond chance to offer a case largely based on the testimony of Clemens’ former trainer, Brian Mcnamee, who told a House committee four years ago that he repeatedly injected the seven-time Cy Young Award winner with steroids and human growth hormone.

Prosecutor­s also are expected to offer potentiall­y damning physical evidence in the form of medical waste — including soiled gauze and used syringes allegedly tainted with anabolic steroids — that Mcnamee scavenged 10 years ago after the injections he says he gave the pitcher.

Clemens has asserted, both to Congress and in news media interviews, that he never used performanc­e-enhancing drugs.

As central as Mcnamee is to the government’s case, he is equally crucial to the defense.

Defense attorney Rusty Hardin has vowed to challenge Mcnamee’s credibilit­y, having already suggested during the aborted first trial that the trainer “created” the tainted needles and bloody swabs to use against the former pitcher.

During a pretrial hearing Friday, Hardin told Walton the government had provided the defense new informatio­n that could potentiall­y block the tainted medical waste from being admitted during the trial.

Prosecutor­s and defense attorneys did not elaborate on the nature of the informatio­n.

But Hardin said in court that the developmen­ts call into serious question whether the government could establish that the materials were properly stored and not subject to possible tampering.

“We intend to cross-examine on this vigorously,” says attorney Mi- chael Attanasio, Hardin’s co-counsel.

Legal analysts say Mcnamee’s personal credibilit­y and the reliabilit­y of the physical evidence are crucial.

“A lot of this does come down to credibilit­y,” says Margaret Finerty, a former New York judge. “The physical evidence, especially when you get into a case of he-said, she-said, becomes even more important. The jury is going to want to know who was in control of that evidence.”

Even if the defense is successful in showing that Mcnamee “has it in for Clemens,” says Vermont Law School professor Michael Mccann, who specialize­s in sports law, it is still possible for the government to win a conviction based on the potential strength of the physical evidence.

“It makes it harder,” Mccann says, “but it is possible.”

Walton says jury selection is likely to take three to four days, with opening arguments coming as early as late next week.

 ?? By Alex Brandon, AP ?? In July: Roger Clemens, right, and attorney Rusty Hardin outside federal court. Clemens’ first trial was halted when banned evidence was introduced.
By Alex Brandon, AP In July: Roger Clemens, right, and attorney Rusty Hardin outside federal court. Clemens’ first trial was halted when banned evidence was introduced.

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