A motion filed by U.S. prosecutors claims that a defense attorney for Roger Clemens has a conflict of interest in defending the former Yankees pitcher because the lawyer also represented Andy Pettitte—a potential witness for the government.
The attorney, Rusty Hardin, is representating Clemens on charegs he lied to Congress.
Clemens, the 48-year-old former Yankee, is out of baseball. Pettitte has not officially announced his intentions for the 2011 season.
The story was first reported by bloomberg.com.
“Mr. Hardin and his firm, for a short time in early December of 2007, represented both defendant Clemens and Mr. Pettitte in related matters and, therefore, Mr. Hardin and his firm would potentially have a conflict as to which client’s interest to protect,” the motion read.
A hearing on the potential conflict was requested and Clemens’ defense counsel said it would not object to such a hearing, the report said.
Clemens was indicted in August on three counts of making false statements, one count of obstruction of justice and two counts of perjury. The charges arose from testimony Clemens gave to Congress in 2008 when he denied using performance-enhancing drugs, including steroids. Clemens, who pleaded not guilty, could be fined $1.5 million and faces a maximum of 30 years in prison if convicted on all charges.