Trainer's lawyer: Baloney

BY WALLACE MATTHEWS | wallace.matthews@newsday.com

January 7, 2008

In an appearance on '60 Minutes,' Roger Clemens denied using steroids, saying former trainer Brian McNamee injected him with "Lidocaine and vitamin B-12" only. (Photo courtesy CBS News / "60 Minutes" / January 6, 2008)

Roger Clemens may have done himself one bit of good in his "60 Minutes" interview last night. A lawyer for Brian McNamee, Clemens' accuser, says it is less likely that McNamee will bring a lawsuit against Clemens for defamation.

Last week, attorney Richard Emery said, "Anything [Clemens] says that implies or states that Brian is a liar will cause him severe damage."

But after watching Clemens waffle his way through 12 minutes with Mike Wallace last night, Emery said, "He definitely called Brian a liar in so many ways, it was tantamount to defamation. But the problem is, it was so unbelievable, it's going to be hard to prove that Brian was damaged."

Emery said Clemens' credibility, or lack thereof, could be the determining factor for a jury trying to determine if McNamee's reputation was harmed by Clemens' denials of receiving injections of steroids and HGH from McNamee, as McNamee has alleged.

"If what the defendant says is not believable, then in a legal sense, it is hard to show damages," Emery said. "And nothing Clemens said [last night] was believable. I can't imagine how any lawyer would allow his client to go on '60 Minutes' and lie like that. This interview is going to cause him no end of troubles."

Emery said Clemens' denial of any knowledge of drug use by Andy Pettitte - Clemens' friend, former teammate and workout partner, who has admitted HGH use in the wake of McNamee's allegations - was likely to be jumped on by the congressional committee that has asked Clemens, Pettitte, McNamee and others to appear at a hearing Jan. 16.

"He's put Pettitte in a terrible situation," Emery said. "Now they're going to have to grill Pettitte and under oath, Pettitte is going to have to rat [Clemens] out."