Baseball Musings
Baseball Musings
March 10, 2009
Rusty's Right

I'm not a big fan of the legal advice Rusty Hardin gave Roger Clemens, but I have to agree with Rusty on this:

If the federal prosecutors move to indict Clemens and seek to use the substances found on the drug paraphernalia as evidence, Clemens's lawyers are expected to question their authenticity and the chain of custody. Clemens's lead lawyer, Rusty Hardin, said Monday night that he was not surprised to learn that performance-enhancing substances had been found.

"Duh," he said with exaggeration. "Do you really think McNamee was going to fabricate this stuff and not make sure there were substances on there?"

Of course, Hardin has to add, "The fact is Roger never used steroids or H.G.H." He had me at "Duh."

I don't know if McNamee created the evidence or not. I just have a difficult time trusting the evidence.


Posted by David Pinto at 12:33 AM | Cheating | TrackBack (0)
Comments

Perhaps Beane just didn't want anything to do with juicers, thus letting Giambi and Tejada walk.

Posted by: Nick at March 10, 2009 08:25 AM

Beane loves juicers, let's them walk when the get expensive. A's have been about the needle since Tony La called the shots. St Louis has been a good home to it's fair share of abusers since he landed there.

Rusty is right on chain of custody, wrong about everything else under the sun. At some point the Rog needs to think about suing him for malpractice.

Posted by: dave at March 10, 2009 10:32 AM

The legality of the chain of custody is only in play from the time it came into control of authorities. Prior to that, the quality of McNamee's testimony will have to be weighed by the judge or jury to determine how much credibility to place in the evidence. It is obviously not a slam dunk case, but it also is not a slam dunk that the evidence will be tossed and Clemens will walk. The testimony of others (including Pettitte) can add to McNamee's credibility and bolster the chance of the evidence being accepted.

Posted by: largebill at March 10, 2009 02:13 PM
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