Image by E-Mans av8pix.com via FlickrRoger Clemens may have garnered seven Cy Young Awards and racked up 354 wins in his 23-year career as one of Major League Baseball's premier pitchers, but the 46-year-old ex-hurler continues to serve up gopher balls in his efforts to resuscitate his defamation suit against former trainer Brian McNamee in the U.S. District Court for the Southern District of Texas.
In a 10-page decision this week, Judge Keith Ellison denied Clemens' motion to reconsider the judge's ruling in February 2009, that tossed most of Clemens' claims against McNamee. In the case of William Roger Clemens v. Brian McNamee (No. 4:08-cv00471), "Rocket" Roger alleged that McNamee falsely told Clemens' teammate on the NY Yankees and Houston Astros, pitcher Andy Pettitte, that Clemens used anabolic steroids and human growth hormone, and that McNamee made defamatory statements about Clemens' alleged use of these banned substances to S.I. com and in testimony before the Mitchell Commission.
In February, Judge Ellison held that the purported statements to Pettite did not constitute slander per se and that the Court lacked personal jurisdiction over McNamee as regards his alleged comments to S.I.com and before the Mitchell Commission, which were immune from suit because they were made in the course of a government investigation. Asked to reconsider his initial rulings, Judge Ellison this week shook off the sign from Clemens' attorneys and affirmed his dismissal of the heart of Clemens' defamation suit.
Attorneys for McNamee have indicated their intent to bring a defamation suit against Clemens in New York. With the way things have been going for the putative Hall of Famer these days, don't be surprised if Mike Piazza and Dan Duquette wind up on the jury.