WASHINGTON — Rusty Hardin, Roger Clemens’ lead attorney, told the jury, “You should be rewarding Roger Clemens, not prosecuting him” as the defense wrapped up its closing argument in this federal case.
The government, meanwhile, politely casted aspersions on one of its own key witnesses — Yankees pitcher Andy Pettitte — in the first half of its closing argument.
In an attempt to work around the fact that Pettitte testified he wasn’t sure about the substance of his conversation with Clemens in either 1999 or 2000, Assistant U.S. Attorney Gilberto Guerrero suggested that Pettitte backed off his previous assertions because of his long, currently nonexistent friendship with Clemens.
“You could see the tension in the courtroom (when Pettitte testified). He didn’t want to testify against his friend. He was jumping at the chance to say it was 50-50,” Guerrerro said in reference to Pettitte’s May 2 testimony, in which he agreed with defense attorney Mark Attanasio’s assertion that it was “50-50” that the left-hander misheard or misunderstood that initial conversation.
Guerrerro referred to this exchange as Clemens’ “confession” of illegal performance-enhancing drug usage, to which Attanasio responded, “Hogwash. Hogwash.”
“What have we come to,” Attanasio added, “…when a prosecutor can look you in the eye with apparent sincerity and call that a confession?”
The government appealed to the jurors’ “common sense” as they prepare to deliberate the charges (obstruction of Congress, making a false statement and perjury) against Clemens. In discussing its lead witness, former Yankees assistant strength coach Brian McNamee.
Guerrerro said, “Brian McNamee is Brian McNamee. He’s a flawed man. He’s far from perfect, but who is? …But it was Roger Clemens who picked Brian McNamee. Not the government.”
Guerrerro accused Clemens’ wife Debbie of lying on the witness stand last week when she testified that McNamee gave her a shot of human growth hormone alone, when Roger Clemens wasn’t home.
Hardin displayed a chart detailing “Mistakes or Bad Memory McNamee admits,” “Lies McNamee admits” and “Lies we have proven.”
“What else is there besides Brian McNamee” Hardin asked the jury. “He accused the government of displaying “an inexplicable tolerance for Mr. McNamee’s lies.”