Clemens prosecutors: Let Pettitte testify

WASHINGTON -- Prosecutors in the perjury trial of Roger Clemens argued Wednesday that Yankees pitcher Andy Pettitte should be allowed to testify about receiving human growth hormone from the same athletic trainer who they say injected Clemens with performance-enhancing drugs.

U.S. District Judge Reggie Walton ruled before Clemens' first trial last summer that no players besides Clemens would testify about receiving steroids or human growth hormone from trainer Brian McNamee, in order to keep the jury from reaching a guilt-by-association verdict.

But prosecutors argued that Pettitte's testimony that McNamee gave him human growth hormone should be exempt from that order because their connection with the drug is intertwined with the government's case against Clemens.

"You simply cannot strip out half of the narrative and have it make any sense whatsoever," Assistant U.S. Attorney Stephen Durham told Walton.

Clemens' attorneys have responded in court filings that Pettitte's HGH use and the source of his drugs is irrelevant to the case against Clemens. Walton said he would hear defense arguments and make a ruling on the issue Thursday.

Walton also said he expects to hear opening statements on Monday after a jury of 12 members and four alternates is empaneled. Walton announced that the case then will go on hiatus from Tuesday afternoon until the following Monday while he goes to Reno.

The pace of jury selection picked up Wednesday. The court approved 13 prospective jurors, leaving only eight more to be approved today to fill the pool of 36. Attorneys will cull for the final jury on Monday morning.

In arguments on his motion Wednesday, Durham said Pettitte remembers Clemens telling him about his use of human growth hormone during a workout at Clemens' home gym in 2000. Pettitte approached McNamee the same day and asked the trainer about the drug, Durham said.

Two years later, Pettitte decided to use the drug to help rehabilitate his injured left elbow, and asked McNamee to fly to Tampa, Fla., to inject him with the drug, Durham said.

Durham argued that it's "more dangerous" for the jury to wonder where Pettitte got the drug -- "the elephant in the room," he said -- than for him to tell them the whole story. Durham told Walton that if he allows the testimony, he could instruct jurors not to consider Pettitte's use of HGH as evidence that Clemens also used the drug.

Durham said that if Walton had any reservations about how a jury would use the testimony, prosecutors would be open to an instruction to the jury to not engage in guilt by association.

Pettitte, who is attempting a comeback with the Yankees after sitting out last season, also is expected to testify that McNamee told him in 2004 that Clemens had used steroids, Durham said.

Pettitte told congressional investigators he approached Clemens in 2005 to ask how the righthander planned to handle potential questions from reporters about using performance-enhancing drugs. Pettitte said Clemens told him he was mistaken, that he had told him his wife used human growth hormone.

Durham said Pettitte realized then that he was "on his own" and that he would receive no help from Clemens regarding this issue.

Clemens, a former star pitcher for the Yankees, is facing three counts of making false statements, two counts of perjury and one of obstruction of Congress. All are related to his denial of performance-enhancing drug use at a congressional hearing four years ago.