Clemens’s appeal is denied
Defamation suit not reinstated
A federal appeals court yesterday refused to reinstate a defamation lawsuit Roger Clemens filed against his former personal trainer, Brian McNamee, who claims he injected Clemens with steroids and human growth hormone more than a dozen times.
In a 2-1 ruling, a panel of the 5th US Circuit Court of Appeals agreed with a Houston federal district judge’s dismissal last year of most of Clemens’s claims against McNamee.
Clemens appealed the decision by US District Judge Keith Ellison, who said his court didn’t have jurisdiction over Clemens’s claims involving statements McNamee made in New York.
“The statements were not made in Texas or directed to residents of Texas,’’ the New Orleans-based appeals court said.
The three-judge court panel heard arguments in the case last month.
“We haven’t read it yet, but I can tell you what we would say,’’ Clemens’s lawyer, Rusty Hardin, said. “We understand that the vote was 2-1 and we’re going to look at it and see if we’re going to pursue it and make up our mind after we get a chance to read and digest it.’’
McNamee’s attorney, Richard Emery, didn’t immediately respond to telephone and e-mail messages from the AP.
Rodriguez was arrested and charged with third-degree assault after New York’s 6-2 loss to Colorado Wednesday night. The team put him on the restricted list without pay for two days, costing him more than $125,000.
Rodriguez, 28, is accused of grabbing 53-year-old Carlos Pena, hauling him into a nearby tunnel, hitting him in the face, and banging his head against the wall. Pena went to a hospital with a scrape and swelling above his right eyebrow.
Rodriguez did not enter a plea in a Queens courthouse. He did not speak, but nodded as the judge spoke to him.
“Ownership and the organization are very disappointed in Francisco’s inappropriate behavior and we take this matter very seriously,’’ Mets chief operating officer Jeff Wilpon said.
Said Mets center fielder Carlos Beltran: “No one should act like that.’’
Major League Baseball said that Cueto, Cardinals manager Tony La Russa, and Reds manager Dusty Baker also were fined undisclosed amounts. Four other players were fined but not suspended — Cardinals pitcher Chris Carpenter and catcher Yadier Molina, and Reds second baseman Brandon Phillips and reliever Russ Springer.
A statement from MLB said all three suspensions are expected to begin today. Cueto could appeal, and the suspension would be delayed until the appeal is resolved. Managers can’t appeal suspensions.
A scrum escalated into shoving that ended up with several players pinned to the backstop screen. Cueto began kicking those around him — he later said he was afraid and trying to defend himself.