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Monday, January 26, 2009
New Sports Law Column on Kirk Radomski's New Book

I have a new column on on potential legal implications for Roger Clemens relating to Kirk Radomski's new book, Bases Loaded: The Inside Story of the Steroid Era in Baseball by the Central Figure in the Mitchell Report. Here is an excerpt from the column:

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The inconsistency over specific information shared by McNamee to Radomski may seem to be on the periphery of the central question of whether Clemens used steroids and knowingly lied to Congress, but it offers Clemens' legal team a valuable card in a potential trial in which McNamee would be subject to cross-examination: Why should a jury believe McNamee's recollections over those of Clemens when McNamee's account is, at least in part, contradicted by the published words of his friend Radomski?

Then again, jurors might dismiss potential inconsistencies in dates and other historical facts as relatively immaterial. After all, the inconsistencies seem several steps removed from the legal question of whether Clemens knowingly lied under oath, and jurors recognize that all humans occasionally err while recalling details and minutiae.

Clemens' legal team would likely disagree. Remember, to convict Clemens of perjury, the government would need to leave a jury without any reasonable doubt as to whether Clemens knowingly lied under oath; although jurors might ultimately believe that Clemens more likely than not knowingly lied under oath, any reservations triggered by questions of McNamee's memory and veracity could instill the requisite "reasonable doubt" in those jurors' minds. Such an outcome would lead to Clemens being found not guilty, which in turn would bolster his chances for rehabilitating his reputation in baseball and the public at large.

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Hope you have a chance to check out the rest.


Justice responds to Radomski's new book:

Anonymous william rothstein -- 1/27/2009 1:04 AM  

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Anonymous Anonymous -- 2/02/2009 2:35 AM  

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