"It's what we expected, but Brian is not joyful about this. No one is celebrating," said attorney Earl Ward. "We think it's a sad and unfortunate situation that one of baseball's greatest pitchers now has the potential of being a defendant in a criminal case. Although we think it's the right decision, no one here is celebrating."
Clemens has been vigorously fighting to clear his name since the release late last year of The Mitchell Report, commissioned by Major League Baseball and written by former Sen. George Mitchell and his staff, detailing allegations of illegal use of steroids and human growth hormone in professional baseball. The Mitchell report accuses Clemens of using the performance enhancing drugs.
Clemens has challenged the legitimacy of the report, saying in his opening statement, "I take great issue with the report's allegation that I used these substances."
Clemens attorney Rusty Hardin said in a statement Wednesday that his client knew from the start of the investigation that his choice to speak publicly on the matter and dispute the Mitchell Report, the decision to move the matter forward to a criminal case was inevitable.
"The fact that he chose to testify twice under oath while knowing the short-term consequences is clear proof of how strongly he believes he has done nothing wrong," Hardin's statement asserted.
"Roger will continue to fight these false allegations with every ounce of strength he has," he concluded.
Legal analysts have questioned Clemens strategy of choosing to testify in front of Congress to clear his name wondering if such testimony could expose him to legal jeopardy for lying to Congress about the alleged drug use as well as exposing himself to perjury allegations for testimony about events surrounding the allegations.
Congressional investigators confronted Clemens with a sworn affidavit from his close friend and former teammate Andy Pettitte who says that in 1999 or 2000 Clemens had told him about using HGH. Pettitte's wife also submitted an affidavit corroborating her husband's account.
In his opening statement Clemens acknowledged, "I am subjecting myself to possible criminal prosecution" by choosing to testify, and was forced to repeatedly tell the hearing that his pal Pettitte had "misremembered" their conversation.