with Chuck Knoblauch, Mike Stanton, Anthony Corso, or any other third-party associated withanabolic steroids or human growth hormone other than Andy Pettitte” (Mot. at 6). Or, as thisCourt characterized the scope of defendant’s motion, defendant wanted to preclude evidenceabout “other former Major League Baseball players . . . getting either steroids or human growthhormones from Mr. McNamee” (7/5/11 AM Tr. 15).
For its part, the government sought tointroduce this testimony because “the defense theory from the outset will be to attack thecredibility of Brian McNamee,” to “tear Mr. McNamee down” (id. 16). Thus, the governmentasserted, allowing the other Major League players to testify about their interactions withMr. McNamee would “corroborat[e] what Mr. McNamee had said” (id. 16-17).This Court, however, was concerned about the inference that the jury might draw fromthis testimony: “if [defendant’s] position is that yes, McNamee was giving me injections, but hewas injecting me with what I thought were vitamins and other items that are not banned, theconcern I would have is that if you bring in that evidence showing that these other individualswere getting these substances from Mr. McNamee . . . the jury may say well, if they knew whatthey were getting from McNamee, then why wouldn’t Clemens also know that he was getting thesame thing” (id. 20). Accordingly, this Court’s “tentative position” was that the governmentwould not be permitted to introduce this evidence (id. 48). But, this Court deferred any finalruling until the Court saw “what the exact line of attack is in reference to Mr. McNamee” (id.
Consistent with this Court’s characterization of the scope of defendant’s second
motion, the government in its opposition explained that defendant’s motion did “not encompass”certain other “relevant facts,” including testimony from former players such as Pettitte,Knoblauch, Stanton, and Segui about the “reasons why players chose to use these drugs,”
,steroids and HGH (Opp. at 8 n.5).3
Case 1:10-cr-00223-RBW Document 81 Filed 08/19/11 Page 3 of 35