McNamee arrives; juror dismissed for sleeping
Testimony of former trainer approaching in Clemens perjury trial
WASHINGTON -- An abbreviated day at the Roger Clemens federal perjury trial managed to offer numerous developments that played out before the jury, outside the jurors' presence and, in one instance, in the jury box itself.Of those, the arrival at the courthouse -- and subsequent departure -- of key prosecution witness Brian McNamee and the cross-examination of steroids dealer Kirk Radomski were perhaps the most significant issues relating to the trial of the former star pitcher on Wednesday, which included only about four hours of proceedings because of juror commitments outside the court. Along with the conclusion of Radomski's testimony, the jury heard from a U.S. Postal Service mailing-label expert and a Drug Enforcement Agency chemist. Within the jury box, the panel deciding the case lost a member after he was dismissed by Judge Reggie Walton for sleeping during the proceedings and arriving late. As for McNamee, the former strength trainer for Clemens arrived at the courthouse unbeknownst to the jury but did not enter the courtroom. And at the end of the day, the prosecution -- which at one point hoped to call McNamee to the stand on Tuesday -- said it's unlikely McNamee will testify before court goes into recess this week. "We do not expect to reach him by the end of the day Thursday," Assistant U.S. Attorney Steven Durham said. "We would expect to reach him, I believe, on Monday." Before McNamee testifies for the government, with a contentious cross-examination expected to follow, a motion filed Wednesday by McNamee's lawyers to quash a subpoena issued by Clemens' defense team for documents relating to McNamee's divorce must be heard and decided by Walton. He gave the Clemens defense team until the end of the day Friday to submit its response. Walton also now has in his possession written arguments from both sides on the defense's motion to strike Yankees pitcher Andy Pettitte's testimony about the conversation he had with Clemens in which Pettitte understood Clemens to admit taking human-growth hormone, a claim he hedged about while under cross-examination last week. Clemens is being tried on six federal charges of perjury, giving false statements and obstruction of Congress for telling the House Committee on Oversight and Government Reform in 2008 that he never used performance-enhancing drugs. McNamee testified before Congress that he injected Clemens with steroids and human-growth hormone, saving drugs, syringes and medical waste the government has introduced as evidence in the trial. Prior to the day's trial proceedings, a juror who admitted during voir dire -- the questioning of potential jurors -- that he'd rather be sleeping than in court but promised to be "wide awake" during the trial was dismissed by Walton without objection by either party. Walton said the juror was sleeping during the trial and arriving late to the central location from which U.S. Marshals are transporting jurors to the courthouse. The juror had said he reacted to being selected for this trial by saying, "No, no, no, no, no." He added, "I'd rather be asleep right now."
With the 27-year-old unemployed man being sent off the jury panel, there are now 15 members of the panel. Of them, 12 are jurors and three are alternates, although no one on the panel knows whether he or she is a juror or an alternate.After the juror was dismissed, the trial resumed with defense attorney Michael Attanasio continuing his cross-examination of Radomski, the steroids-dealer-turned-government informant. Attanasio again asked questions intimating Radomski made much more money in dealing performance-enhancing drugs than he suggested during direct examination, pointing out that he had built a 3,200-square-foot, split-level home on Long Island and owned two Lexuses and a time-share in Hawaii. "You made a lot of money from the drug business, didn't you?" Attanasio asked. "No, I didn't," Radomski responded. Attanasio also pointed out that Radomski received a $500,000 advance for a book about his experiences dealing drugs, titled "Bases Loaded: The Inside Story of the Steroid Era in Baseball by the Central Figure in the Mitchell Report," written by Radmoski with David Fisher. Radomski, who testified on direct testimony that he "broke even" on the book, responded that he used the proceeds to pay his attorney and repay friends and family, and that he's back to "square one" financially. During cross-examination, Attanasio used excerpts of the book to show discrepancies between what was written there and what Radomski had testified to during the trial and before the grand jury that issued the indictment against Clemens. Among the issues covered were just how many hours Radomski met federal agents and a discrepancy about the shipping receipts -- including the one key to the case that was addressed to McNamee at Clemens' house in Houston -- he turned over to the government in 2008. Attanasio pointed out that three of the six receipts he said Radomski found under a TV set and then turned over to investigators were actually from items sent to Radomski -- including one Radomski volunteered included a payment from a sports agent in California. In the book, as read in an excerpt by Attanasio, Radomski wrote of the envelope of receipts, "I'd obviously hidden it there" under the TV set. But in direct testimony, Radomski said he had no idea how it got under the TV, that "it must have slid under" the TV somehow. Attanasio asked Radomski if he was lying in the book or lying under oath. Radomski went with what he'd said earlier in the trial. "Why would I hide something? I didn't hide nothing," Radomski said. Attanasio asked Radomski about his relationship with McNamee, and Radomski said McNamee never told him what players he was acquiring drugs for and that McNamee received drugs for himself as well. Radomski remains under subpoena and could be recalled by the defense. USPS employee John Gullo then took the stand, and explained to Assistant U.S. Attorney Courtney Saleski that the receipt Radomski found with Clemens' address on it had to be used sometime after June 2002, because it was particular to that edition of the Express Mail labels. Defense attorney Rusty Hardin opened his brief cross-examination of Gullo by saying, "I never met a mailing-label expert before," established that the mailing receipt could have been used any time between June 2002 and when Radomski turned it over to authorities and concluded it with "It was a pleasure to meet a label expert." Dr. Terrence Boos, a chemist with the DEA, was explaining on direct examination from Assistant U.S. Attorney Daniel Butler what anabolic steroids are and how they rate as a Schedule 3 drug on the Controlled Substances Act when court recessed for the day. He'll return to the stand Thursday at 9 a.m. ET for the week's final day of proceedings.
John Schlegel is a national reporter for MLB.com. This story was not subject to the approval of Major League Baseball or its clubs.