A PRE-TRIAL ANALYSIS OF THE ROGER CLEMENS PERJURY CASE

As I attempt to summarize, in concentrated form, the factual issues, the resolve of which will resolve the trial, please note the several intangibles coming into play, which may even have more weight.

Clemens faces six felony counts on accusations he lied to Congress under oath when he testified that he never used steroids or human growth hormone. His statements came during a deposition and a hearing at the House Government Reform committee. His long time trainer, Brian McNamee testified that he injected Clemens repeatedly with both substances. Clemen's former teammate, Andy Pettitte, testified that Clemens once told him that he used human growth hormone. There will undoubtedly be more witnesses testifying tangentially about the rampant use of these banned substances at the time, but there you have the crux of the case. McNamee also claims to have kept the vials and syringes used in the injection process. Sounds like a pretty strong case, no?

The word is that the defense has barrels of evidence with which to shred McNamee's credibility to bits. Combine that with the cutting figure Clemens cast on the mound during his record breaking performances, his most notable awards,etc. and, further, his steadfast denials of of any wrongdoing, and you've got the stuff that wins the hearts and minds of jurors. Clemens had been advised not to testify before the Committee, but he would have none of that tactic. His mantra: I never took these banned substances and, therefore, I did not lie. He has proclaimed that McName is lying and that Pettitte misheard him.

That's where the action will be. Picture the moment of Pettitte's taking the stand, as a Government witness. Clemen's attorneys have the right to cross-examine Pettitte, buy they may not want to be that aggressive, and they may not have to. If Pettitte's testimony acknowledges that he may have misheard what Clemens told him, that, along with all the other good ole' boy sentiments flying around the courtroom may be enough for a N.G . Recipe book says, "approach the witness with two hands holding sugar."

This time around, we've got Mr. Apple Pie for a defendant, an American Icon whose praises have already been sung by various members of Congress.

Can't you just hear the jury grumbling among themselves,"don't Congress have more important things to do, like tendin' to three middle eastern wars, than to waist their time, and ours, in trying to bring down an American heero?"

Shiyittt yes!

And, who's gonna give me an "AMEN" on that?