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Mitchell Report
Written by Maury Brown   
Thursday, 08 May 2008 21:25
Clemens and McNamee

Lawyers for Brian McNamee are planning to send two private investigators to Houston to investigate Roger Clemens in an attempt to further discredit him as part of Clemens’ defamation lawsuit, and possibly unearth other damaging information.

The twist is, Clemens’ lawyer Rusty Hardin, did much the same less than six months ago, sending two PIs to New York in an attempt to discredit McNamee. As reported by the New York Times:

Richard Emery, one of McNamee’s lawyers, said Thursday that the two investigators — Gerry Kane, a former commanding officer of the Manhattan robbery squad, and Stephen Davis, a former detective — were already working on McNamee’s behalf and would go to Houston if the motion to dismiss a defamation lawsuit filed by Clemens last January is denied.

“They are going to be my Belk and Yarbrough,” Emery said, referring to the two former Houston officers — Billy Belk and Jim Yarbrough — who, on behalf of Clemens’s lead lawyer, Rusty Hardin, interviewed McNamee in December and secretly tape-recorded the questions and answers.

“They will be looking at everything,” Emery added in reference to his own investigators.

As noted, the investigation can look into all facets of Clemens’ background, including any evidence that might point to him using PEDs. If that were the case, Jeff Novitzky, the former IRS agent, who is now with the FDA, could use the evidence against Clemens in a possible perjury case for lying before members of Congress.

Clemens, to date, has not dropped the defamation lawsuit. Recently, tabloid-esc reports have had Clemens connected to not one, but several, extramarital affairs, including one with country music star Mindy McCready that started when she was reportedly 15 years of age. The reports have further discredited Clemens' credibility.

However, it should be noted that while this news is damaging to Clemens in the court of public opinion, in the case of the defamation lawsuit, it revolves around Clemens' public standing at the time of McNamee's claims that he used performance-enhancing substances. Any of the news of his extramarital affairs after that point would irrelvant, no matter how damaging, and almost certainly be inadmisable in court. So, while McNamee's lawyers can sniff around for anything and everything as part of the discovery phase, and release damage information to the press, in terms of the defamation lawsuit, it may have little or no bearing. The actions of McNamee's lawyers are seen as a method by which the pressure of any negative findings being made public would force Clemens to drop the defamation lawsuit to prevent further embaressment, or in the case of possible findings on PED use, place him in the sights of federal investigators who are looking into whether Clemens perjured himself before Congress.

 
 
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