Muscle Sport Magazine

McNamee DNA Fireworks Should Nullify Clemens Lawsuit

Steroid Paraphernalia May Be the ‘Smoking Gun’ That the Mitchell Report Wasn’t

If there ever was a perfect topic for the next ridiculous reality television show, it would be the impending defamation and emotional distress lawsuit filed by Roger Clemens against his former personal trainer Brian McNamee. This one has all the characters – the ridiculed ex-jock; his jilted ex; his defiant and defending spouse and his pious best friend who can’t lie for him. Sounds like a winner, or at least one season worth of entertainment

But the only place on TV that you’ll see this soap opera is during the sports report – or maybe of it gets kicked down – in Judge Judy’s chambers. Brian McNamee’s attorney filed a brief in court in an attempt to either get the entire case dismissed or moved from Texas to New York. Even if this case was transferred to Baghdad Supreme Court, a jury full of Al Qaida insurgents would be able to see through Clemens’ lies without a chance of them being “misheard.”

The evidence was turned over to government investigators back in February, and included testosterone vials, hypodermic needles and alcohol pads that McNamee said he used on The Rocket during friendlier times. According to the document filed, it stated, “Once the DNA results are revealed, there will be little dispute about who is telling the truth.”

While that makes sense to the average person in the street, Clemens’ lawyers will have a field day trying to discount the evidence, stating that chain of possession and the possibility of McNamee tainting it will certainly come out.

In a civil trial such as this, it will come down to preponderance of the evidence, which is 51 percent right. That is a big difference from beyond a reasonable doubt, which is the basis for reaching a verdict in criminal cases, meaning that the prosecution has proven its case 100 percent.

If McNamee’s lawyer can convince the panel that Clemens did use steroids and McNamee is being truthful, it will be an easy time in the jury room. That will take care of the defamation part of the lawsuit, and the ’emotional distress’ angle will be laughed at once the former is established. The only emotional distress that Clemens has suffered has been by his own accord, insisting that he did not use performance-enhancing drugs while all the evidence points that he did. Coming out and saying that he did so would have been the right move, or even keeping his mouth shut. But by Clemens being so public and forthcoming (in his own mind) that he was clean, it is too late to reverse the course now. He is going to have to live with the results, DNA and all.

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