Sports

MCNAMEE ATTORNEY: ROG COULD FACE JUSTICE PROBE

One of Brian McNamee’s lawyers said yesterday he believed the Justice Department will open a criminal investigation into Roger Clemens’ denials of doping.

Clemens gave a five-hour deposition last week to staff lawyers of the House Committee on Oversight and Government Reform before Wednesday’s public hearing. McNamee, former personal trainer to the seven-time Cy Young Award winner, gave a seven-hour deposition.

“I think there will be a criminal prosecution after Wednesday, and that means there will be grand jury proceedings and subsequent proceedings,” said Richard Emery, one of McNamee’s attorneys. “I don’t see there’s any possibility that Brian has any jeopardy. I only see the possibility of Clemens getting investigated by Justice, whether or not Congress refers it.”

A message left last night requesting Justice Department comment was not immediately returned.

Told of Emery’s comments, Rusty Hardin, Clemens’ lead lawyer, said: “They have consistently acted and indicated that they have a pipeline to agents of the Department of Justice. Whether they do or not, it certainly raises a lot of questions of whether what’s going on here is proper. So I’m not going to express any predictions of what will or will not happen.”

McNamee said he injected Clemens with steroids and human growth hormone at least 16 times in 1998, 2000 and 2001, accusations Clemens repeatedly has denied. Both are set to testify Wednesday on Capitol Hill in what figures to be a day of high drama.

“Our position is very simple: Roger did not take steroids, he did not use human growth hormone, and he has demonstrated that he is willing to repeatedly testify under oath as to the truth of those matters,” Hardin said.

McNamee last month gave the Justice Department what he says are needles from times Clemens used performance-enhancing drugs, evidence that the pitcher’s legal team says is manufactured. Emery said he thinks there will be a Justice Department investigation of Clemens even if the committee doesn’t ask for one.

“If the tests come back that he is connected with those syringes, they have evidence that contradicts his sworn statement to federal officials,” Emery said.