Roger Clemens' attorney says in court papers filed late Friday that the former pitcher should not be held in contempt of court or fined for deliberately violating a federal magistrate judge's rulings in Brian McNamee's defamation lawsuit because Clemens did not play any role in his defense team's strategy.
"Clemens is a retired professional baseball player," attorney Rusty Hardin said. "He is not a lawyer, did not attend law school and has no legal training."
In ordering Clemens last November to hand over to McNamee hundreds of emails that his former trainer has been seeking for two years, U.S. magistrate judge Cheryl Pollak also threatened to sanction Clemens for the delay in doing so. A hearing is scheduled for Feb. 19 in Brooklyn federal court.
McNamee's suit, filed seven years ago, contends Clemens defamed him by saying the trainer lied about injecting him with performance-enhancing drugs.