This article was last updated on May 21, 2022
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Judge Reggie Walton handed prosecutors a major victory with his ruling allowing the government to call two witnesses whose testimony will be used to bolster Brian McNamee’s credibility.
The prosecution petitioned Judge Walton to allow them to call the witnesses to help counteract Clemens’ claim that McNamee has been changing his story on the reason for keeping medical waste in a Miller beer can. The incident happened after McNamee injected Clemens with performance-enhancing drugs back in August 2001 and McNamee then saved evidence, including gauze, needles and cotton balls in the bottom of the can.
Judge Walton granted the prosecution’s request to allow a former Major League Baseball player, David Segui, and an investment manager, Anthony Corso, to testify on McNamee’s behalf. The government argues that they need to question Segui about a conversation he had with McNamee back in 2001 wherein McNamee told Segui that he had saved syringes sued to inject other MLB players with steroids and HGH.
Judge Walton permitted Corso, one of McNamee’s private workout clients, to be summoned to describe what McNamee told him about Clemens using HGH and about him storing the medical waste as evidence of Clemens’ use.
Defense attorney Rusty Hardin argued during his cross-examination of McNamee that McNamee had changed his story about why he kept the waste. The intent was to discredit McNamee before the jury. The attempt may have backfired as the judge now agreed with prosecutors that the door had been opened to allow in testimony to rehabilitate McNamee’s earlier testimony. “The government has prior statements to that event that are consistent with what (McNamee) said trial,” Walton said, adding that he would permit admission of testimony to “rehabilitate Mr. McNamee’s testimony.”
McNamee previously claimed that he kept the waste as potential evidence at the behest of his wife who wanted him to make sure and protect himself in case a authorities ever caught on to his illegal actions. The waste was meant as a kind of insurance policy.
This wasn’t the first time that an overly aggressive cross-examination by the defense resulted in a victory for the prosecution. Earlier this week Judge Walton ruled that McNamee would be able to testify about who else he provided performance-enhancing drugs to. By allowing this additional testimony the government was able to show that McNamee had not been targeting only Clemens in his steroid-use claims.
Click HERE to read more from Lee Davis
Read: “Updated: Clemens’ trial judge hands prosecutors major victory,” published at Chron.com.
Earlier:
The Roger Clemens Case: Update on Andy Pettitte’s Damaging Testimony
The Roger Clemens Case: Andy Pettitte
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