Cashman could be called as witness in Clemens trial

BRIAN CASHMAN, Yankees general managerWhile driving to see BRIAN CASHMAN, Yankees general manager
While driving to see a Trenton Thunder game, Cashman was passed by Kei Igawa, a very expensive bust for the Yankees. "He drives faster than his fastball," Cashman said.
Photo Credit: Jim McIsaac

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Yankees general manager Brian Cashman could be called as a witness in the upcoming Roger Clemens perjury trial, according to new court documents filed late last night.

Rusty Hardin, Clemens' lawyer, wrote that prosecutors plan to call "the General Manager of the Yankees, presumably to testify about Mr. Clemens's role in Mr. [Brian] McNamee being hired by the Yankees in 2000."

U.S. District Judge Reggie Walton, who will preside over the trial, does not require witness lists to be made public prior to the start of the trial. Jury selection is scheduled to begin Wednesday, at which point the witness list will be revealed.

Cashman did not return an e-mail seeking comment on Wednesday, but Thursday, he declined to discuss the situation.

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Hardin's 10-page filing last night was a rebuttal to the prosecutors' motion last week asking the judge to keep the jury from learning that McNamee lied to police as part of a sexual assault investigation 10 years ago in Florida. Prosecutors agree the fact that McNamee lied to investigators is relevant, but believe the nature of the investigation is not.

Earlier yesterday prosecutors argued in a separate court filing that Andy Pettitte's wife and former major league players should be allowed to testify in Clemens' trial.

Clemens' lawyers had asked the judge last week to bar Laura Pettitte, as well as several others who are expected to testify about purported accounts of Clemens' use of performance-enhancing drugs, on the basis that their testimony is "hearsay."

But prosecutors responded by calling Laura Pettitte's testimony "highly relevant to showing that Mr. Pettitte's present memory is not mistaken due to the passage of time."

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Andy Pettitte testified in 2008 that Clemens told him in either 1999 or 2000 that he used human growth hormone.

Within the same court filing, prosecutors said several witnesses are expected to testify that McNamee told them years ago that he had saved needles that he used to inject players with performance-enhancing drugs.

The defense argued last week that these potential witnesses "will have no direct, allegedly inculpatory evidence regarding Mr. Clemens."

U.S. District Judge Reggie Walton is to rule on all motions Tuesday.

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