Aug 24, 2010|
Attorney Michael McCann joins D&C to preview the Roger Clemens trial
Transcript - will not be 100% accurate
If you read Michael McCann on SI dot com and you know he knows a -- over the -- that about the law and he should he's a law professor. And sports law institute director of Vermont Law School. And the distinguished visiting holiday professor. Outlaw at Mississippi College school law you also -- a sports -- rating group at Yale Law School Michael joins us on the AT&T hot -- find out what's possible. The nation's fastest mobile broadband network AT&T. Rethink possible good morning Michael McCann how are you. Yeah I'm doing well as we look for to this Roger Clemens thing I mean that literally we look Ford -- Roger Clemens situation where this thing gets to trial and older some steps in between here where he gets arraigned and all of that. What do you think will be the biggest player in this in this trial Michael will be the DNA evidence in the syringes. We'll be McNamee testimony or will -- be -- testimony. I think it's gonna be Pettit testimony -- McNamee testimony. Will be attacked on -- upper ground -- clemens' lawyers as unreliable. As based on. Being handled by somebody who was untrustworthy. Andy Pettitte won't have any of that baggage can't -- that'll be seen as credible is no reason to lie Roger Clemens can have a tough time saying it. If had to get up there -- certain -- Clemens told me you're using HGH while I would put it in line I think that could be your real issue for. C as well look at Mike the -- you got patted Knoblauch and Debbie Clemens all getting injected with performance enhancing drugs by McNamee. And you have Roger Clemens the kind of common bond between them all. Who says no no Brian I don't want the performance just -- twelve for me today thank you. That's just not credible that -- can't live for confront many Jerry can. I don't think it could although he's -- lawyers Jerry could stay in essence it Clemens just happens to be coincidental factor here and also maybe McNamee used a variety of drugs including by the compete well in addition to -- any. HEH so I think Clemens -- gonna say you know find other people are using it but that doesn't mean beyond a reasonable doubt that I used that and also look at McNamee is he trustworthy guy is he reliable. -- -- Clemens left him inject his wife and I mean you can't say I don't trust that sleazy guy and then leave Malone what you want from the bedroom to ejector. Right now it and that's going to be an issue for Clemens to overcome a Clement who's gonna say I don't look Brian McNamee -- in which he told me it was vitamin B twelve and -- and. That's ridiculous you can't study can't -- jury would ever buy that work on. His income before -- well ahead -- Barry Bonds because Greg Anderson has an open and I'll do my and a little different than McNamee. And I think Anderson you have analog Anderson could be -- -- -- and it's not gonna. Refused testifying go to jail -- Anderson. What right they explain to me why this is important. Perjury is about knowingly lying does this help Clemens. Yet that's -- Clemens could say. Even if I would injected with steroids by Brian McNamee if I wasn't sure what he was injecting -- -- and I didn't knowingly -- when I testified before congress he can also say when I talked independent I was either joking or I was referred to my wife -- -- talking about myself as mr. remembering though I felt that in -- than either. I got up. The smaller look and the little white lies such is. I didn't know that George Mitchell was trying to contact Mick we know that's a -- I wasn't -- Jose Canseco and those of us army are close perjury. With those could those could get convicted on those alone Mike. Gate probably not perjury gonna have to go to the heart of the case and not a white lie or something that's on the periphery. When it's a high profile name like Roger Clemens my guess is the Fed's. Do a lot more. Fact checking back checking and tightening is up to an air airtight compartment before the go to trial that is that is -- -- semi. Yet definitely done an Indian -- people are just the federal government are going to be great they'd have a 90% success rate Clemens though is going to be able to hire and it. Probably an amazing legal team. They'll be able to get prosecutors who are familiar with the government's thinking they'll probably get former clerks who worked for the judge -- And others who are gonna have inside without -- government works meat cases and how the judge himself thanks. Alan Dershowitz has said on a couple of locations to be the dumbest thing in the world with -- stop Roger from now passed. If -- testifies in this in this trial I give us the pluses and the minuses of taken the stand or not for Clemens. -- the process would be -- just seems more believable if you actually -- testify I think even -- jury shouldn't take an -- -- -- to -- by being Islamic -- the jury is probably often do that so he gets -- there -- talks -- at least looks like he's being credible that he believes what he's saying -- also has been consistent in his denials. Even if he's been -- seem to be -- consistently. So he continues to do that that would also be a plus for -- the negatives of course. Is that is that going up against members of congress that was going to be going up against seasoned lawyer right then that's proper question these are no longer political actors. Not to say congressman congressman can ask the question that was going up to the into the big leagues if you well. It could look awful. If the federal prosecutors are talented as a likely will be. When he and McNamee were being interrogated in front of congress I thought McNamee was by far the more credible guy. I mean it was just -- like just the facts ma'am you know he would just answer the questions Roger was he usually usual rambling self -- Ian began their take care that I thought McNamee came across much more credible the Roger did in that situation you make the excellent point it's gonna get tougher. It's going to get -- that's right John. It's gonna get tougher with these lawyers. And McNamee himself now be exposed to a different level of the talent in terms of equipment that layers its. It's everything is gonna get ratcheted up the quality question the quality of evidence the quality of analysis. These. Guys who have not been exposed to -- to the type questions are about to get in the liquid -- so there are living situation. Where the questions are going to be slowed people. A call to answer. That they're gonna have to be on their game and that probably not the most talented speakers in the world you know what their -- about. Isn't it's a 100% slam dunk that McNamee is going to get painted by Rogers legal team as some sleaze ball scumbag I mean. Does that -- know that the -- the -- -- Yeah he definitely does he definitely does but. You know like you said earlier chart it McNamee announced plain spoken if you sound credible he can overcome some about. -- -- go to jail in my opinion might how long how long if he's convicted. Of one or two or four of five counts and how long a much time does he do. Jose federal guidelines suggest fifteen months to 21 months the judge he got that judge. Reggie Walton release of the judges as of now it could it could change. Is known as the top sent to answer that he's been -- -- -- putting those Groban and Michael -- Casey got the wrong judge and I think that's. So this suggests that could decide to send messages to judge who reportedly -- -- typical general the parents. When you make an example of someone to send a message everywhere else it could be really bad for on the. The Rusty Hardin said a day or two ago that they were offered over the weekend a plea agreement Roger decided not to do it. Will that be offered again will there be a certain point Roger can jump off the source of mid stream and head back to the shore. Ticket you know -- -- -- that point and the government want to do it conceivably throw up until throughout the trial electorate it's questioning -- But I have a feeling that the government. The -- -- -- skip along -- less willing will be able will be to do that. And Clemens has personality is one I think we -- all -- doesn't doesn't lend itself is settling I think he wants to keep fighting this I think he just believes that what he's doing his right. And he could end up going to prison because of the. Does it if they get the please say -- pleads guilty avoids jail time. -- be required to stand in public click on the court house steps -- that is the that component of the of the deal work where he has to admit that he lied that he took steroids -- his whole life is -- Korea was a fraud. Steve and I had to say all that you -- if you will have to pure record -- would they do you agree that you. Plead guilty. Judge Walton went after that any -- adapted to get to the charges he -- that wouldn't have to let the plea agreement with the government. Requires some kind of press conference he wouldn't have to face the public although I imagine what I think that would be part of this -- -- like I'm doing this because. You know I don't really believe in this but I don't have a choice is that a fact. You could so he can't say that I mean didn't. And Marion Jones have to come clean completely say it was all lies. That was part of her deal and I have a feeling equipment won't agree to a deal which requires them to stand before public. Would you agree like that that HGH doesn't have quite the impact that you know win the straw and all the hard steroids and if indeed. Rusty were to convince Roger the smart thing to do the prudent thing to do would be admit the performance enhancing drugs that they highlight the fact there's just HGH and try to go over injuries but trying to do it to do what steroid users do. I think I wouldn't help as its reputation John I think that would rehabilitate some of that although it's still be committing perjury but I agree that it would be. Less damaging than admitting that he used steroids it's still I don't know if the public will make that kind of distinction I think he gets the parents yeah I like before congress it's it's he's. A final question for -- does his bay baseball reputation the fact that he is Roger Clemens. Help him or hurt him with the jury. They've got to help. I really think being a celebrity makes it is the plots before juries even know people -- so well you know he's not a likeable guy yet the sort of public -- reputation in terms of what he did look like yachts that all that. I still think being a slippery generally helps you in front of juries and and I have a feeling that motivates him to it to continue to see this case rather than agreed to a plea deal. If you weren't Roger Clemens if you just view you just a regular guy the deal would already been done heated to eighty to settle long long ago. But he's so arrogant and and so confident that he thinks he can beat this most -- average -- would say. I'll have to do jail time right sign me a little collar under the for W what do what do the judged the same judge sentenced Scooter Libby correct. He did he had -- Real -- that sentence. What was I know we got pardoned but what was that I would. Say I think that's right Libby was sentenced to thirty months in prison and a 200000 dollar slot so I don't think Barack Obama is going to. Moment we -- in the present that -- my lips to God's he has at this point but I don't think the president. He's going to pardon Roger Clemens. So theoretically Mike. He could be doing like three years in federal prison. Theoretically yeah and I agree Jerry there's no there aren't coming. While all unless of small Burton and then -- from Indiana becomes president or maybe. Virginia Foxx. Of one of those other okay. Begun a 200000 dollar fine wouldn't that be getting off cheaply for Roger compared to what this is going to -- been legal fees Mike. Yes we talk a what half a half of 500000. Box here. Are you edit delete at the legal fees here that the fire wouldn't be nearly what what he's -- -- the spec splitting legal fees and it's going to be doing to our legal fees. He's gonna get a cadre of lawyers get science experts the company doesn't write the well as he could -- Rusty -- then decided to. He stuck with rusty yeah groups. Hey do you think rusty wanted. Roger to settle I mean he's the one who told he has the end that they were offered a deal no jail time. If I'm rusty and on my and I have my client's best interest of -- -- say -- grabbed his deal. -- self on the -- and mercy of the court ten the gravy train stops Bryant is rusty wanna fight this to the end just believe Roger every nick we can possibly get. That's our question your I think rusty great. Alleged to reportedly resting may have -- and not to testify before congress it's it's unclear whether Clemens is really listening to rescue or not or he would listen anyway. Chase a -- -- Varitek saying fastball away like that any lawyer would tell on the go up before volunteer to go before congress raises right hand and tell that you know run and run that jive by congress right no Lloyd -- No lawyer would suggest their client do. Correct that's Gerri great no lawyer would want climate is particularly given Clement has personality and he's not going to be able that the provide the -- wants answers you know this is -- This isn't pitching a game. Right isn't talked out of left and right this is about being able to answer with -- answers and in being able to write you want responses that. You care predict all the things that turnout Michael. I still I think it goes to -- all I -- I just can't see him agreed to a plea deal. At least for awhile. And I'd feel before Trout are no plans to the government's case I think the government has a very strong case against Clemens. I do don't think that clemens' lawyers will be awesome I think he's gonna get former prosecutors represented. And remember OJ Simpson got awful murder and it is that this is. Even when it -- seems so clear it doesn't always mean it's going to be conviction. I've got a question Lester Munson refers to the indictment as an artistic masterpiece. What does that mean to you. Well I think every month is raising that there are a variety of charges raised that will be difficult requirements to combat. I I don't approach refer to it in those terms but I do think it's it's. It's just all of indictment and it's one that. Going to be difficult for Clemens to. -- -- that Michael look and you can read about SI dot com very informative reading and I'm sure you can help us through this trial is legal or Michael thank you very much for taking the time -- not making us -- today. Michael look at from SI dot com joining us on the AT&T hotline find out what's possible the nation's fastest mobile broadband network. AT&T everything possible keep this in mind there's an unintended consequence for Roger Clemens. Roger goes to a golf course you like to sign a baseball and get. Free rounds almost likes to hang onto his money. They're gonna be days here that he gets an invoice from his attorney an esteemed attorney I've had this happen which is actually check incident which is recently. I had an -- team and I didn't have it I was charged 18175. Dollars per phone call. The my attorney made to another attorney to discuss the particular case along well call it not necessarily. But -- at the expense of Washington DC attorney and mine was not Rodgers will be looking at three and 4000 dollar phone calls on his -- Is it trustees charged and when I think he's charged them you know five for an hour yeah I mean is already acumen these -- -- pollen up. -- -- -- at the Washington DC team in there rusty has Roger's best interests in mind. He strongly. Suggest that he take that -- -- take that deal right -- -- -- -- -- -- -- financial interest apart but it does Roger -- you all the way and Roger is more stubborn than anyone and made on but more stubborn than any of the steroid guys I think someday we'll know the truth he'll net you'll never take this to his grave. He's gonna take it to the limit you know he's gone to trial he's gonna lose he's gonna go to jail. And someday -- maybe maybe in prison Peter Gammons will pay him of his Latin and Rodger welcome claim and you'll say. How stupid -- think we Roger doesn't believe that day is coming because if he did he would save himself all the this trouble. All this money you know why -- why else they do that some guys is cause I think. It's the only way to stay relevant is that someday come clean. I mean you look at. And who cared about Floyd Landis -- marriage announcer. I know I know Mark McGwire was trying to get back in baseball right but this an alternative. An ulterior motive in the end it's not just a burden themselves. The day Roger clemens' news. Now. I'm a moment I'm gonna make big -- I'm going to be big big news again because I'm gonna tell the true. The irony is he's doing this and he steadfastly. Standing by his lies. Because he wants people to like him and appreciate his legacy when just the opposite is happening as he looked at -- it. As he look at Giambi as -- look at the Mark McGwire who came out in an an A-Rod and admitted they did it and that sort of like now water and thinks they're terrific golf he thinks their week. But he's also too far down the road. You know he's he he -- done it that -- right after the Mitchell report came -- could have -- that it did yeah injuries trying to get some -- trying to get overlooked console is once -- twice right -- didn't like it right like Clinton in -- and -- yeah that didn't do much for me of another era we would question his career and his stats and questions all fame candidacy but. We would wonder if he could get past it. He can't get past this he can never get in the Hall of Fame. He is goal is to be the greatest pitcher ever. Instead he's the greatest fraud ever -- a co fraud at -- bonds. It's. The amazing thing is the greatest hitter and the greatest pitcher of our time. -- --
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