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Jury selection begins in Clemens perjury trial

By Nedra Pickler and Mark Sherman
Associated Press / July 7, 2011

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WASHINGTON - Roger Clemens’s perjury trial opened yesterday with both sides raising the prospect of calling a roster of former baseball stars as witnesses and the judge angrily criticizing Congress for withholding an audiotape of Clemens’s deposition at the heart of the case.

Clemens is accused of lying under oath to the House Government Reform Committee in 2008 when he denied ever using performance-enhancing drugs during his record-setting career as a major league pitcher. The trial began with an intensive jury selection process expected to last into next week.

Prosecutors and the defense read the panel a list of people who may be called as witnesses or mentioned at the trial. It included some of the biggest names in baseball, among them players who have been at the center of the steroid scandal such as Mark McGwire, Barry Bonds, Sammy Sosa, Rafael Palmeiro, and Jose Canseco. Also on the list were baseball commissioner Bud Selig, Yankees general manager Brian Cashman, former Yankees manager Joe Torre, former players union director Donald Fehr, and several other officials and teammates from the four major league teams Clemens played for.

Jurors were asked about their knowledge of those figures as well as their feelings about the case, baseball, Congress, and the law. They were asked whether they played organized sports, read sports news, or were baseball fans. One woman was not. “I can’t imagine spending money to watch a sport where guys scratch themselves and spit a lot,’’ she said, drawing a smile from Clemens, who otherwise sat expressionless through most of the proceedings.

Another potential juror, former personal trainer and Little League coach Omari Bradley, said he was an avid sports fan who has seen a media drumbeat that Clemens should just admit he used steroids. Clemens attorney Rusty Hardin asked, “Can you be one of the few men in America not to be affected by it or are we going to start out this trial with you thinking he probably did it?’’

Bradley, 37, responded it would be difficult for him to find Clemens not guilty. The judge excused him and two others. Six were told to return Tuesday in hopes of seating a panel that day.

The initial trial day began with a vigorous debate over the tape of Clemens’s deposition to House Government Reform Committee staff on Feb. 5, 2008. Ten of the 15 false or misleading statements Clemens is accused of making to Congress came during that deposition - the other five were during a public hearing eight days later.

The House publicly released a transcript of the deposition held behind closed doors, and prosecutors say the House initially indicated it would turn the audio recording over as evidence for the trial. But William Pittard, a lawyer for the House, yesterday told US District Judge Reggie Walton that the House clerk has the tape and it can only be released by a House resolution.

Hardin angrily responded that if jurors are to determine whether Clemens intended to obstruct Congress, “tone of voice becomes critical.’’ He said the House referred Clemens for prosecution and should not then be able to choose which evidence to turn over.

Walton agreed “it doesn’t look good’’ to have Congress withholding evidence, but he didn’t think he could force another branch of government to turn over material because of the Constitution’s separation of powers.

Walton said during a pretrial hearing Tuesday that he probably wouldn’t let the other Clemens former Yankees teammates testify about their drug use because it could lead the jury to improperly conclude that Clemens might be guilty, too. But he said he thought about it overnight and thinks the testimony might be valid if Clemens claims that trainer Brian McNamee tried to blackmail him with fabricated evidence.

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