Evidence

New Twist in Baseball Steroids Case: Claimed Roger Clemens Blood Samples

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Controversy over claims of widespread use of performance-enhancing steroids by Major League Baseball players has reached a new, TV-drama like, level.

The development has commentators comparing the situation to an episode of television crime shows like CSI and Law & Order, and even Monica Lewinsky’s revelation, nearly a decade ago, that she could prove a sexual encounter because she had kept a blue dress stained with President Bill Clinton’s DNA.

This time, a former trainer for Roger Clemens has reportedly come forward with evidence he claims proves the famed pitcher used steroids.

Brian McNamee turned over gauze pads and syringes that are claimed to contain Clemens’ blood to a prosecutor and an Internal Revenue Service agent during a meeting in his attorney’s office last month, according to Newsday and USA Today, among other media accounts.

“I think this is a significant point in the case. We believe that this is significant corroboration,” Earl Ward, a New York lawyer who is McNamee’s lead counsel tells USA Today.

But Rusty Hardin, a Texas lawyer who is representing Clemens, pointed out that these items might well be discredited in any court proceeding. “Find a prosecutor or a judge that would ever see this as evidence, all right? This is waste material. In fact, I think we’re going to file a complaint with the health department,” he says.

The evidentiary development reportedly comes in the midst of a lobbying battle on Capitol Hill this week: As McNamee gave a deposition to Congress about his perception of the steroids situation, Clemens and his counsel have been visiting legislators and proclaiming his innocence. Clemens also gave a deposition to Congress in which he denied steroids use.

A public hearing is planned next week by the House Committee on Oversight and Government Reform.

As discussed in earlier ABAJournal.com posts, allegations have been swirling in the sports world for years that steroids use was commonplace among major league baseball players and former Senate Majority Leader George Mitchell eventually was asked by the league to investigate the situation.

In a report (PDF) provided online by the Wall Street Journal that was made public in December, Mitchell said McNamee claimed to have injected Clemens repeatedly with steroids and human growth hormone more than five years ago. However, Clemens has insisted that these accusations are false and filed a defamation suit against McNamee.

Related News/Links:

O, By the Way (Baltimore Sun): “Clemens tale now resembles CSI episode”

Wall Street Journal Law Blog: “Forensics Emerge in Rocket’s Roid Scandal”

MLB.com: “McNamee meets with Congress”

Famous Trials (University of Missouri-Kansas City School of Law): “The Stained Blue Dress That Almost Lost a Presidency”

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