Clemens lawyers debate Mcnamee, Pettitte testimony
WASHINGTON — Arguments about whether alleged conversations between Andy Pettitte, Roger Clemens and their former strength coach Brian Mcnamee and private investigators should be permitted as evidence were heard Wednesday as the retrial of Clemens on federal perjury charges moved beyond jury selection.
District Judge Reggie Walton entertained a motion from the prosecution, arguing those conversations, said to have taken place between 2000 and 2008, are important for the jury to hear because they explain how Pettitte came to know Mcnamee and obtain two injections of human growth hormone. The conversations also include references to Clemens’ wife, Debbie, and her alleged use of performance enhancers and those between Mcnamee and private investigators hired by Clemens’ agents.
“Our argument is simply that you cannot strip out half of the narrative and have it make any sense, whatsoever,” prosecutor Steven Durham told the judge. “It’s simply (about) relevancy.”
Durham suggested the court might place restrictions upon what basis jurors might be allowed to consider the evidence but that excluding the narrative would prevent the entire story from being told.
Walton said he would hear the defense’s argument before ruling on the motion.
The defense has also filed a motion seeking permission to question the legitimacy of the 2008 House Committee hearings, during which Clemens was alleged to have committed obstruction and made false statements. Clemens’ lawyers claim the seven-time Cy Young Award winner has a constitutional right to challenge the congressional investigation.
A popular theme expressed by prospective jurors being interviewed has been to question whether Congress should act as a policing mechanism for the use of performance-enhancing drugs in professional sports. “I do think somebody should have oversight,” said a female juror who qualified Wednesday. “(But I) felt maybe it wasn’t the best use of Congress’ time.”
Francona relents:
Former Boston Red Sox manager Terry Francona, reversing his previously announced stance, will take part in Friday’s festivities celebrating the 100th anniversary of Fenway Park. Now an analyst for ESPN, Francona had been upset at how he was portrayed after leaving the team last season.