In a motions hearing the day before jury selection is to begin in the trial of baseball living legend Roger Clemens the judge indicated that he may restrict the testimony of teammate Andy Pettitte and two others. Judge Reggie Walton said testimony by the players that they thought that trainer Brian McNamee was injecting them with performance enhancing drugs could unfairly lead jurors to believe that Clemens thought so too. Clemens is charged with lying to congress about his use of drugs.
Clemens’ attorney, Rusty Hardin, also said that he wanted the jury to hear the tone of his client’s voice during a deposition taken before his congressional testimony, but that the government has only been able to provide a transcript of Clemens testimony; the House of Representatives has declined to turn over the audio which it considers “proprietary”.
Judge Walton told the prosecutors to go back to the House and ask again for the audio recording, this time pointing out the considerable cost to the U.S. government of a delay in the trial.
WaPo story here.