May
20

Clemens Trial: Beer Can Contained Steroid Paraphernalia from Three Different Baseball Players

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Brian McNamee, the former personal trainer for Roger Clemens, is the only government witness expected to testify with direct knowledge of Clemens’ use of anabolic steroids and human growth hormone (hGH). McNamee claims to have injected Clemens with anabolic steroids and performance-enhancing drugs (PEDs) in 1998, 2000 and 2001. Clemens’ defense attorneys have worked to discredit McNamee by suggesting that his story of steroid use by the seven-time Cy Young Award winner has “evolved” and been altered “on the fly” over the years. McNamee was forced to admit that he “misspoke” during earlier testimony involving steroid syringes that he saved after injecting Clemens with steroids.

McNamee bizarrely saved a Miller Lite beer can containing used syringes, steroid ampoules, hGH vials and bloody gauze for over six years before he finally turned it over to federal investigators to support his allegations of steroid use by Clemens. McNamee had previously suggested that all the contents supported his claims of personally injecting Clemens. However, under a blistering cross-examination by Rusty Hardin, McNamee admitted he “misspoke” earlier about the contents of the beer can.

McNamee admitted that the two vials of hGH stored in the beer can were never intended for Clemens.

“Haven’t you testified that everything in the beer can was for Roger?” asked Hardin.

“Not everything,” McNamee revealed. “I’ve said that all along—it could have been from three different players.”

In an attempt to explain the inconsistencies with earlier testimony, McNamee explained, “It’s never been asked that way before. I misspoke. I’m sorry.”

McNamee also reported cutting his fingers while opening steroid ampoules. He acknowledged that he may have wiped blood from cuts on his own hands with the same gauze that was used to wipe blood from Clemens’ “rear end.”

The answers helped support the defense argument that the “beer can” evidence was unreliable because it was contaminated with steroid paraphernalia and medical waste from several other individuals.

McNamee told Assistant U.S. Attorney Daniel Butler during redirect that the insulin syringe and the hGH vials in the beer can were used for Chuck Knoblauch, one of Clemens’ teammates.

While Hardin succeeded in raising questions about the credibility of McNamee and the reliability of the “beer can” evidence, he may have also inadvertently opened the door for government prosecutors to call additional baseball players as witnesses testifying that McNamee personally injected them with steroids.

Judge Reggie Walton has previously prohibited the testimony of  McNamee’s other steroid clients. Walton did not feel it was fair to suggest guilty by association i.e. if McNamee injected his other clients with steroids, he must have also injected Clemens.

But by eliciting the information that the beer can contained evidence of steroid use by as many as three different baseball players, Hardin may have given the government the chance to call other witness such as Knoblauch.

Judge Walton will consider the government’s request. But Walton does not seem predisposed to allow additional witnesses at this point in the trial. He has repeatedly complained about the slow pace of the trial and has placed time limitations on future witnesses. The judge’s decision is expected next week.

 

Source:

Barrett, D. (May 19, 2012). In Beer Can, a Coup for Clemens’s Side. Retrieved from http://online.wsj.com/article/SB10001424052702303360504577412483329745256.html