Clemens asks judge to revive lawsuit
To revive a defamation lawsuit, Roger Clemens’ lawyers asked a federal appeals court Wednesday, filed against his former personal trainer, Brian McNamee, who claims he injected the ex-major leaguer with steroids and human growth hormone more than a dozen times.
In February 2009, in Houston, Clemens appealed after a federal judge dismissed most of his claims against McNamee. From the 5th U.S. Circuit Court of Appeals, a three-judge panel in New Orleans heard the case Wednesday but didn’t indicate when it will rule. On Wednesday, neither Clemens nor McNamee were in court.
U.S. District Judge Keith Ellison erred when he ruled McNamee is entitled to immunity for statements he made to baseball investigator George Mitchell, argued Clemens’ attorneys. To the Mitchell commission, they claim the protection does not extend, even though McNamee spoke to the panel as part of his cooperation with federal investigators.
“Former Sen. Mitchell was a private individual doing a private investigation for a private entity, at most, there is a qualified privilege, not an absolute privilege,” said Lara Hollingsworth, one of Clemens’ lawyers. ”
Clemens testified under oath to Congress in 2008 and he denied ever using performance-enhancing drugs, but he is under investigation for possible perjury charges.
In New York, McNamee met with federal investigators and said he had injected Clemens with steroids and HGH in New York, but never in Texas, where the pitcher lived and trained during the offseason. During an interview at New York home with Jon Heyman, a writer for SI.com, McNamee repeated those allegations, after the Mitchell report’s release.
Over Clemens’ claims involving statements McNamee made in New York, Ellison ruled the Houston court did not have jurisdiction.
McNamee had visited Clemens in Texas dozens of times and he knew that his statements would harm his reputation in his home state; therefore, Clemens’ attorneys say the case can be tried in Houston.
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