Sunday, January 25, 2009

Radomski Books Contradicts Testimony

A new book by Kirk Radomski could hurt the credibility (if they had any to begin with) of testimony by both Radomski and Brian McNamee, so says NY Times reporter Michael Schmidt.

McNamee had testified before Congress nearly a year ago that he never told Radomski about injecting Roger Clemens with steroids. But Radomski's book, "Bases Loaded" tells a different story. Radomski relates a time that McNamee informed him that he had injected Clemens with Winstrol. The passage could have a direct impact on the grand jury investigating possible perjury by Clemens before Congress last year.

“In a perjury case a prosecutor’s worst nightmare is for a witness to make public statements that contradicts another witness, especially the key witness in the case,” said Mathew Rosengart, a partner at Manatt, Phelps & Phillips in New York and a former federal prosecutor. “Perjury cases are almost always a he-said, she-said dispute, and there usually isn’t a smoking gun, so corroboration of witnesses is essential. The questions about Radomski are a good thing for Clemens’s defense.”

Daniel Richman, a professor of law at Columbia University and, like Rosengart, a former federal prosecutor, echoed Rosengart’s concerns. “Every inaccuracy or inconsistency will provide material for the defense for cross-examination,” Richman said. “And they will use it to create doubt in the jury’s mind about Radomski and — by extension — McNamee.”

You can bet Clemens' lawyers will be studying Radomski's book as if they were trying to pass the Bar.

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