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Biological Evidence Links Clemens to Anabolic Steroids

Former Major League Baseball strength and conditioning coach Brian McNamee claimed to have injected pitcher Roger Clemens with human growth hormone (HGH) and the anabolic steroids Winstrol, Deca Durabolin and Sustanon 250 in 1998, 2000 and 2001. The revelations were published in December 2007 as part of the Mitchell Report investigating steroid use in baseball. The federal prosecutors in San Francisco, who spearheaded the BALCO steroid investigation and steroid-related perjury charges against Barry Bonds, also compelled McNamee to provide testimony about his alleged participation in steroid use by Roger Clemens.

Roger Clemens adamantly denied the allegations by McNamee and mounted an aggressive public relations campaign to discredit Brian McNamee after the Mitchell Report was released. Clemens accused McNamee of lying in a January 6, 2008 interview with Mike Wallace on 60 Minutes. On January 7, 2008, Roger Clemens and his attorney Rusty Hardin held a press conference where they played a 17-minute audio transcript of a secretly recorded telephone conversation Clemens had with McNamee; Hardin attempted, somewhat incompetently, to convince the public that the ambiguous phone conversation bolstered his client’s credibility. Clemens’ legal team also filed a lawsuit against McNamee for defamation of character on the same day.

McNamee’s attorney Richard D. Emery responded harshly to the press conference arranged by Clemens stating, “It’s war now!” In response to the public relations tactics by Clemens and his legal team, McNamee provided federal prosecutors with steroid paraphernalia containing biological evidence supporting his contention that he injected Clemens with steroids. The so-called evidence included a used needles/syringes, ampoules, and blood-soaked gauze pads; McNamee saved the evidence in an empty Miller Lite beer can which was packaged in a FedEx box for storage in his basement for over seven years!

Brian McNamee recently recounted the story behind the specific steroid paraphernalia given to the government. The specific steroid injection in question occurred in Roger Clemen’s Manhattan high-rise apartment in July/August 2001:

Roger Clemens denied the use of anabolic steroid and performance enhancing drugs under oath during testimony in front of the House Oversight and Government Reform Committee on February 13, 2008. Chairman Henry Waxman and ranking Republican Tom Davis identified seven inconsistencies in the testimony of Clemens and referred the case to the Justice Department. In January 2009, the Justice Department convened a grand jury to formally consider charges of perjury against Clemens.

On February 2, 2009, the Washington Post reported that federal authorities had linked the steroid syringes/needles with Roger Clemens’ DNA. The link between steroids and Roger Clemens was further bolstered when banned anabolic steroids were also discovered in the syringe according to a report by Michael Schmidt of the New York Times on March 9, 2009.

Rusty Hardin, Clemens’ lead defense attorney, has dismissed the steroid paraphernalia manufactured evidence that represents another fabrication by Brian McNamee.

Hardin continued his attacks on the credibility of McNamee while claiming that Roger Clemens never used anabolic steroids or HGH. “Duh,” said Hardin. “Do you really think McNamee was going to fabricate this stuff and not make sure there were substances on there? The fact is Roger never used steroids or H.G.H.”

However, legal experts believe the evidence will be admissible in court should a grand jury indict Roger Clemens on perjury-related charges. UCLA law professor Jennifer Mnookin believes a judge will allow a jury to assess credibility of the evidence.

“The presence of Clemens’s DNA alone makes these materials an important part of the case and makes it likely that the judge would let them in and let the jury weigh whether to believe that they are authentic,” she said.

The United States Attorney’s Office for the District of Columbia will ask the grand jury to indict Roger Clemens on steroid-related perjury charges based on what they consider “overwhelming” evidence that he lied to federal authorities.

Sources

“Clemens Case Sinking Fast,” March 11, 2009

“Banned Substances Found on Materials Linked to Clemens,” March 9, 2009

“Grand jury to consider Roger Clemens perjury evidence; Brian McNamee set for end-of-week interview,” January 13, 2009

“Clemens’ DNA is Linked to Syringes,” February 2, 2009

“Clemens’s Lawyer Plays Tape of McNamee Call,” January 8, 2008

By Millard Baker

http://www.millardbaker.com

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