McNamee’s lawyers ask federal judge to toss out Clemens’ lawsuit
Published 11:40 pm Tuesday, March 4, 2008
Brian McNamee asked a federal judge on Tuesday to throw out Roger Clemens’ defamation suit and to disqualify the pitcher’s lead attorney.
McNamee’s lawyers filed motions in U.S. District Court in Houston, where the case was moved after Clemens filed it in Texas state court. They said that because McNamee made statements to baseball investigator George Mitchell as part of an agreement with federal prosecutors, anything McNamee said to Mitchell was covered by “absolute immunity.”
An initial conference is scheduled for April 9, and the case has been assigned to U.S. District Judge Keith P. Ellison, a former law clerk for Supreme Court Justice Harry Blackmun. Ellison was nominated for the bench by former President Clinton.
Clemens claims he was defamed when McNamee, his former personal trainer, said the pitcher used steroids and human growth hormone from 1998-2001
“Rather than acknowledging the truth of Mr. McNamee’s allegations, Mr. Clemens has chosen to wage a public-relations battle against Mr. McNamee in the media and the Halls of Congress,” the motion stated.
At the request of Congress, the FBI is investigating whether Clemens lied when he repeated denials under oath last month.
Elsewhere
RANGERS: Texas third baseman Hank Blalock was stiff and sore Tuesday, a day after his vehicle was rear-ended while stopped at an intersection. Blalock, his wife and their 3 1/2-year-old son were returning from lunch when the accident occurred near Surprise, Ariz. Blalock said they were all OK.
RED SOX: Boston scout Jesse Levis has been charged with lewd and lascivious behavior after an incident at a hotel, according to a police report. The incident occurred Sunday night in Port St. Lucie in a hotel room that looked out on a pool where two teenage girls saw him, the report said. Levis was released from the St. Lucie County Jail shortly after 1 p.m. on Tuesday on $50,000 bond. The 39-year-old Levis is a pro scout who began working for the Red Sox in November 2006.
ROCKIES: Brad Hawpe and Colorado agreed Tuesday to a $17,425,000, three-year contract, making the right fielder the fourth key Rockies player to receive a long-term deal following the team’s first World Series appearance last October. The deal, which includes a club option for 2011, replaces the $3,925,000, one-year contract that had been agreed to in January. Hawpe hit .291 last year with 29 homers and 116 RBI.
NATIONALS: Washington pitcher Shawn Hill does not need another operation to relieve tightness in his right forearm. Hill got a second opinion Monday after receiving negative results from an MRI exam Friday. The 26-year-old right-hander had surgery on his right forearm, right elbow and left shoulder in November. Coming into spring training, Hill was battling for the top spot in the starting rotation. He made 16 starts for Washington last season, finishing 4-5 with a 3.42 ERA.
DIAMONDBACKS: Randy Johnson threw another batting practice session Tuesday and hopes to pitch in a game for Arizona after his next side session. The 44-year-old left-hander is returning from back surgery in August, his second such operation in less than a year. The Big Unit is going into the final season of a two-year, $26 million contract and is 16 victories shy of 300 in his career.
GIANTS: A day after a wild outing, Giants pitcher Noah Lowry, 27, was diagnosed with tendinitis in his left wrist Tuesday and sent back to San Francisco to see a hand specialist. The lefty is expected to be inactive for at least three or four days.
