Grand Jury to Ponder Clemens Testimony
A federal grand jury could indict pitcher on charges of perjury.
Jan. 12, 2009 -- A federal grand jury has convened in Washington, D.C., to determine whether to indict seven-time Cy Young Award winner Roger Clemens for lying under oath to Congress when he denied taking performance-enhancing drugs, ESPN.com has learned.
Witnesses have been subpoenaed to appear before the grand jury as early as this week. The jurors are expected to review evidence presented by assistant U.S. attorney Daniel P. Butler and determine whether there is probable cause to return an indictment for perjury. Butler was in the news last April for successfully prosecuting a racketeering and money-laundering case against Deborah Jean Palfrey, dubbed "the D.C. Madam."
Those expected to either testify in front of the grand jury or to be interviewed by Butler and FBI agents include Clemens' former personal trainer, Brian McNamee, and admitted drug supplier Kirk Radomski. Charlie Scheeler or other investigators who helped assemble the Mitchell report, Major League Baseball's inquiry into performance-enhancing drug use that first publicly identified Clemens for allegedly taking steroids, could also be called before the grand jury.
Prosecutors are also likely to confer with Food and Drug Administration agent Jeff Novitzky, the government's lead investigator in a series of sports-doping cases over the past five years. Novitzky attended the four-hour hearing last February during which Clemens and McNamee offered conflicting testimony about the pitcher's alleged use of performance-enhancing drugs.
It is not known whether Clemens himself will be invited to appear before the grand jury, though a former Washington federal prosecutor said the government could afford Clemens a chance to explain the contradictions and possibly avoid indictment. Should the grand jury eventually return an indictment, his appearance could also provide the prosecution a start in fleshing out Clemens' possible defense, the former prosecutor said.
"We have no knowledge of [the grand jury] one way or the other," Rusty Hardin, one of Clemens' attorneys, said Monday morning. "All I have heard is rumors from people saying something. But we have had no contact with anyone about it, and have no idea.''
