Defense: 'rush to judgment' on Clemens

WASHINGTON -- Needles and cotton swabs used to inject Roger Clemens tested positive for his DNA and traces of steroids, a federal prosecutor told jurors Wednesday as he opened the perjury trial of the former Yankees pitcher.

But defense attorney Rusty Hardin dismissed that physical evidence in his opening statement as something "manufactured" by Clemens' former trainer and chief accuser, Brian McNamee.

"He totally made that story up," Hardin said as Clemens watched from the defense table in the packed courtroom at the U.S. District Court for the District of Columbia.

The prosecution, however, said it can prove Clemens used steroids, which he denied at a congressional hearing.

"Let me be clear, this is not a drug trial," Assistant U.S. Attorney Steve Durham told jurors. "But to prove the charges in the indictment, we will prove Mr. Clemens used both anabolic steroids and human growth hormone."

He said the government would call 45 witnesses.

Hardin said Clemens admitted McNamee had injected him with vitamin B12 and the pain killer lidocaine, but never steroids or HGH.

Hardin said the credibility of McNamee -- he called him a "liar" -- is the crux of the case.

"Roger Clemens' only crime," Hardin said, "was having poor judgment to stay connected with Brian McNamee."

In the first day of what could be a six-week trial, both sides outlined the cases they intend to present on the federal charges that Clemens committed perjury, made false statements and obstructed Congress by denying steroid use in depositions and while testifying before a Feb. 13, 2008, House hearing.

Durham acknowledged the problems with McNamee, noting "many negative things will be said" about him, adding, "Everything Mr. McNamee says we intend to corroborate."

Durham said the government would prove its case through witnesses, records and scientific evidence.

"There are 15 separate statements that we allege in count one," Durham told jurors. "We must prove at least one."

But the key piece of evidence he brought up were the needles.

Durham showed a photo of two needles, three cotton balls and the torn beer can where they had been stored. Two California labs tested them, he said.

"What they found inside the barrel of the needle was DNA compatible with Mr. Clemens," he said, and the DNA on the cotton balls was his DNA "to the exclusion of all others."

Hardin said the defense would not challenge those findings but insisted McNamee fabricated the needles and cotton.

Durham suggested Clemens' motive for steroid use could have been to prolong his career to make the Baseball Hall of Fame.

But Hardin said Clemens "has a right to be angry."

"He was totally betrayed by a worker who he thought was a friend," he said.