The lawyers who helped former Sen. George Mitchell write his report on performance-enhancing drugs in baseball three years ago must give Roger Clemens their notes from their interviews with Brian McNamee and Kirk Radomski, the judge in the upcoming trial said Thursday.
U.S. District Judge Reggie Walton, in a 39-page ruling, said the former Yankees pitcher is permitted to have access to whatever was said about him during those interviews to use as part of preparing his defense in advance of next month's perjury trial in Washington, D.C.
Walton gave the lawyers from DLA Piper, which helped Mitchell write his report on PEDs in baseball, until Saturday to appeal the judge's decision. An appeal potentially could delay the start of the trial. David Clarke Jr., a lawyer at DLA Piper, declined to comment. Jury selection is scheduled to begin July 6.
Clemens was indicted by a federal grand jury last August on charges he lied about his use of illegal performance-enhancing drugs before a congressional hearing in 2008. He faces up to 21 months in prison if he is convicted of the charges, which include one count of obstruction of Congress, three counts of making false statements and two counts of perjury.
In the Mitchell Report, Clemens' longtime trainer, McNamee, said he injected the pitcher with performance-enhancing drugs in 1998, 2000 and 2001. He repeated that under oath before Congress in 2008.
Clemens' attorney, Rusty Hardin, had argued in a hearing in April that his client should be able to see those interview notes because of the government's role in requiring both McNamee and Radomski to speak with Mitchell and his team of lawyers.
McNamee's name first turned up in the government's investigation into Radomski, a former Mets clubhouse attendant who pleaded guilty to illegal steroid distribution in April 2007. Approached by federal investigators that May, McNamee agreed to cooperate with Mitchell's investigation in exchange for not being prosecuted on potential steroid distribution charges.
Radomski's cooperation with Mitchell's investigation was stipulated as part of his plea deal.