WASHINGTON – Andy Pettitte wrapped up his testimony at the Roger Clemens trial Wednesday by casting serious doubt on his own memory, causing Clemens’ attorney to try to strike a portion of Pettitte’s testimony from the case and seriously damaging the U.S. government’s chances of convicting Clemens.
The returning Yankees left-hander, under cross examination from defense attorney Mike Attanasio, discussed his recollection of the conversation he had with Clemens in the 1999-2000 offseason in which — Pettitte told Congressional investigators in early 2008 –Clemens revealed that he had used human growth hormone.
When Attanasio asked Pettitte if he might have misunderstood Clemens in that conversation, Pettitte responded, “I could have.”
And, in the moment of the morning, Attanasio asked Pettitte whether it was “50-50” that Pettitte correctly understood his conversation from over 12 years ago.
“I’d say that’s fair,” Pettitte said.
In the government’s redirect questioning, U.S. Assistant Attorney Steven Durham asked Pettitte whether he remembered other details of that day’s conversation, and Pettitte said he hadn’t. Pettitte also poured water on Clemens’ claim that Brian McNamee injected him with B12 (rather than illegal performance-enhancing drugs) while on the Yankees, noting that it never would’ve occurred to him to ask McNamee to do so.
That was a small victory for the government, however, in the wake of what seemed to be a terrible defeat. After Pettitte finished his testimony and left the courtroom, Attanasio raised the issue of striking Pettitte’s testimony about the 1999-2000 conversation. Attanasio said he would file an official motion overnight.
In the resulting discussion, without the jury present, District Judge Reggie Walton chided Durham for not asking if Pettitte’s current recollection was that, in that 1999-2000 conversation, Clemens told Pettitte he used HGH.
“At this time, he is conflicted,” Walton said of Pettitte. “He doesn’t know what Mr. Clemens said to him.”
Pettitte continued to maintain an extremely serious disposition on the stand, although he seemed more relaxed than he had on Tuesday. He and Clemens made no eye contact; they were just a few feet apart at one point in the hallway.
After finishing his testimony, Pettitte offered a “Hey, buddy” to The Post outside the courtroom but answered no questions from reporters as he left the courthouse and entered a waiting SUV.