The remainder of defamation suit by Roger Clemens against Brian McNamee has been dismissed by U.S. District Judge Keith P. Ellison in Texas and may now head for a continuing legal battle in New York.
Clemens may find it difficult to refile the case as the dismissal was with prejudice, which means that the case cannot be heard again. But Clemens has expressed his intents to ask the he 5th U.S. Circuit Court of Appeals to review Ellison’s decision.
From Timesunion.com:
McNamee claimed in the Mitchell Report that he injected Clemens with steroids and human growth hormone at least 16 times in 1998, 2000 and 2001. Clemens responded the statements to Mitchell’s staff, which McNamee also repeated to Sports Illustrated’s Web site, were “untrue and defamatory.”
McNamee’s lawyers had moved that Clemens’ lawsuit be dismissed because their client was compelled to cooperate with Mitchell by federal investigators. Ellison agreed, but he initially left intact that part of the suit relating to McNamee’s statements to Andy Pettitte, Clemens’ former New York Yankees teammate. McNamee told Pettitte that Clemens had used HGH and steroids.
In his suit in Brooklyn, McNamee claimed Clemens launched an “intense and coordinated public relations offensive” against the trainer. Clemens went on “60 Minutes” and held a nationally televised news conference to refuse McNamee’s allegations.
Clemens and McNamee repeated their statements to a congressional committee, which then asked the Justice Department to launch a probe into whether the pitcher lied. A federal grand jury in Washington has been investigating Clemens.
This case has once again proved or at least acted as secondary evidence that steroids and sports are almost inseparable.
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Tags: HGH, human growth hormone, steroids, Steroids and Sports
