Former Pittsburgh Pirate outfielder Barry Bonds was convicted of federal charges related to his testimony about steroid use in baseball earlier this month. Roger Clemens is facing similar charges in federal court. In December, we noted that Clemens’ trial was being postponed in order for his defense team to review the approximately 54,000 pages of evidence that could be used against him in his trial. Clemens is facing obstruction and perjury charges regarding testimony about his use of performance enhancing drugs he gave in Congressional hearings in 2008.
Defense attorneys for Roger Clemens have laid out an important part of strategy they will utilize during the upcoming trial in July. The attorneys revealed that they intend to show that Brian McNamee, Clemens’ former trainer who has implicated Clemens in the use of performance enhancing drugs, has lied continually about alleged steroid use by Clemens.
In a hearing this month before Judge Reggie Walton, Clemens’ defense team argued the need to obtain still more documents from former Senator George Mitchell’s law firm. George Mitchell’s firm conducted much of the work that went into the Mitchell Report, which detailed findings of Major League Baseball’s investigation into the use of steroids.
The hearing focused on efforts by Mitchell’s firm to quash Clemens’ subpoena. They cited attorney work product and attorney-client privilege as reasons to quash the subpoena.
Clemens’ defense team argued that they need the documents Mitchell’s firm because prosecutors and federal agents involved in the Barry Bonds and BALCO investigations were present at a meeting July 9 and an October 4, 2007 interview conducted for the Mitchell report. He alleges none of the IRS or FBI agents or prosecutors took notes during the interviews and that Mitchell’s law firm had the only records.
Judge Walton ruled that he would review the requested documents. He will then decide if the documents should be turned over to the defense team.
The defense requested additional documents from the House Oversight and Government Reform Committee, but Walton denied their request.
Source: ABC News, “Roger Clemens’ Defense Lays Out Trial Strategy: Brian McNamee Is ‘Congenital Liar’,” Jason Ryan, 4/21/2011