Prosecutors seek to add McNamee statements

Prosecutors seek to add McNamee statements

Prosecutors seek to add McNamee statements
WASHINGTON -- With the federal perjury trial of Roger Clemens in recess Tuesday, the government filed a motion to introduce some of Brian McNamee's prior statements to others about saving items he claims he used to inject Clemens with performance-enhancing drugs.

In its court filing, the prosecution moved to include statements McNamee, Clemens' former strength and conditioning trainer, made to former Major Leaguer David Segui and investment manager Anthony Corso, who was one of McNamee's Wall Street clients.

The government said it wants to have both testify in the trial, with neither direct examination taking more than 30 minutes in a proceeding that Judge Reggie Walton has said many times has been moving too slowly -- so slowly that he has imposed time limits on testimony going forward.

Both Segui and Corso testified before the federal grand jury investigating Clemens, which eventually indicted him. If Segui testifies, he would be the second Major Leaguer to take the stand in the trial, joining Andy Pettitte.

The government motion seeks to include in the trial testimony relating to three prior consistent statements by McNamee: a conversation between 2002 and 2004 in which McNamee told Corso that Clemens and Pettitte used human-growth hormone to recover from workouts, although the government said it would only include the part relating to Clemens; another statement to Corso in 2005 in which McNamee said he saved needles he had used to inject Clemens; and a statement sometime in 2001 in which McNamee told Segui that he had saved "darts" from players McNamee had injected to show his wife in order to ease their marriage woes.

The prosecution hopes to enter those statements to rebut claims by the defense during cross-examination of McNamee that he made up his allegations to gain fame and fortune, and that he was motivated to tell federal agents the "truth as they perceived it" to avoid punishment.

"In sum, the record shows that Mr. McNamee's prior consistent statements are not tinged with any motive to lie," the government motion reads. "Mr. McNamee made all these statements well before federal officials approached him, thus precluding the possibility that the prior statements were tinged with a motive to lie in order to avoid criminal charges."

In redirect examination on Friday, as McNamee wrapped up about 26 hours on the witness stand, the government was allowed to ask about McNamee's HGH-related dealings with former Yankees Chuck Knoblauch and Mike Stanton, as well as Pettitte, a left-handed starter now back with the Yankees after a year of retirement. Because the defense had opened the door by suggesting in cross-examination that McNamee was biased against Clemens, Walton allowed that testimony on a limited basis and with instructions to the jury after previously disallowing any mention of McNamee administering PEDs to other players because it could lead to guilt by association.

Clemens is charged with three counts of making false statements, two counts of perjury and one count of obstruction of Congress -- of which there are 15 obstructive acts, only one of which must be proven for a conviction. The charges are based on his testimony during a Feb. 13, 2008, hearing before the House Committee on Oversight and Government Reform and a Feb. 5, 2008, deposition conducted by committee staff members. Clemens said at the hearing, "Let me be clear: I have never used steroids or HGH."

McNamee, who served as a strength and conditioning trainer to Clemens in one capacity or another for nearly a decade, said in his own deposition and at that same hearing that he had injected Clemens with performance-enhancing drugs on numerous occasions, keeping items he says proves it for several years in a beer can and a mailing box.

The trial will resume Wednesday at noon ET with a schedule shortened to a little more than three hours because of previous commitments of Walton and jurors. It will be in full session Thursday and Friday.

John Schlegel is a national reporter for MLB.com. This story was not subject to the approval of Major League Baseball or its clubs.