According to the New York Times, government investigators have found performance-enhancing drugs among the drug paraphernalia Brian McNamee claims he used to inject Roger Clemens with steroids and/or human growth hormone.
Federal authorities investigating Roger Clemens on perjury charges have found performance-enhancing substances on the drug paraphernalia that his former trainer said he used to inject Clemens, according to people briefed on the case.
McNamee turned over syringes, vials and gauze pads to investigators in January 2008. On Feb. 3, 2009, The Washington Post reported that Clemens’ DNA had been found on the paraphernalia. The test results were said to be preliminary and “subject to verification tests.”
McNamee’s lawyer, Richard Emery, was not surprised to hear the paraphernalia also contained performance enhancing drugs.
“I assumed, and I am not surprised, that the tests were positive for both DNA and for performance-enhancing drugs, because that’s what Brian said all along, and there’s not much doubt that Brian’s been telling the truth… The confirmation of that fact, once again, just seems to me to be another significant step towards jail for Clemens.”
According to ESPN legal expert, Lester Munson, the new evidence could indeed be very damning to Clemens.
The Times report didn’t indicate whether the PEDs were found on the same syringe that contained Clemens’ DNA, but if federal agents can connect the PEDs to that syringe, it would be strong evidence that Clemens lied when he clashed with McNamee in their testimony before the House Committee on Government Reform. Although the process will be difficult, it can be done. With Clemens and McNamee contradicting each other, the evidence of PEDs on the paraphernalia, if authenticated, could become conclusive.
If Clemens is indicted, his lawyers will surely challenge the chain of custody.
“Duh,” (Clemens’ lawyer, Rusty Hardin) said with exaggeration. “Do you really think McNamee was going to fabricate this stuff and not make sure there were substances on there? The fact is Roger never used steroids or H.G.H.”
The Clemens case and the Barry Bonds case now share a common thread. Bonds’ lawyers challenged the chain of custody of blood tests Bonds had supposedly taken through BALCO. The judge in that case ruled the evidence inadmissible (later appealed) largely because Greg Anderson refuses to testify that they pertain to Bonds. ESPN legal analyst, Roger Cossack, thinks things would be quite different in a Clemens trial.
They’ll try and make the same claim that Barry Bonds lawyers are making, that there’s not been a sufficient chain of custody, that is, of the syringes, to allow them into evidence.
But unlike the Bonds case where the person that can give that testimony is the trainer and Greg Anderson, and won’t testify. In this case the person who can give that testimony is the trainer Brian McNamee, who will testify. So the feds are going to have an easier time.
There is still no indication as to whether or not the government intends to indict Clemens.