Filing claims syringes will test positive for Clemens' DNA

Updated: July 3, 2008, 11:17 PM ET
By Lester Munson | ESPN.com

Tests of syringes and other steroid paraphernalia that trainer Brian McNamee submitted to federal agents will test positive for Roger Clemens' DNA, according to a brief filed in court by McNamee's lawyers.

Although there has been considerable speculation about the materials McNamee submitted to federal agent Jeff Novitzky in January, his attorneys had refused to discuss them publicly until the filing of the brief.

The brief, in support of McNamee's attempt to obtain an early dismissal of a defamation case Clemens filed against him or have the case moved to New York, was filed in court on Tuesday.

The paraphernalia, including syringes and bloodied gauze pads, "will test positive for Clemens's DNA," the brief asserts. "Once the DNA results are revealed, there will be little dispute about who is telling the truth."

E-mail and voice mail messages left Thursday for Clemens' lead attorney, Rusty Hardin, and two other lawyers in Hardin's office were not immediately returned.

At the time the existence of the evidence became public, Clemens' lawyers claimed it was "manufactured."

McNamee's attorney, Richard Emery, said McNamee kept the items -- dating to 2000 or 2001 -- because he "had this inkling and gut feeling that he couldn't trust Roger and better keep something to protect himself in the future."

Clemens claims in his lawsuit that McNamee defamed him with false allegations that McNamee injected Clemens with HGH and steroids, as part of his testimony to Congress and in the Mitchell report on the use of performance-enhancing drugs in baseball.

The case originally was filed in Texas state court and was shifted in February to the U.S. District Court in Houston.

McNamee wants the case dismissed or transferred from Houston to New York. Emery argues that federal agents and a congressional committee have determined that McNamee has been truthful.

Emery's defense also relies heavily on statements from Clemens' former teammates Andy Pettitte and Chuck Knoblauch that confirmed what McNamee said about them and their use of performance-enhancing drugs.

It is anticipated that U.S. District Judge Keith P. Ellison in Houston will rule on McNamee's motions in August or September.

McNamee's lawyers first tried to dismiss the case in early March. When Clemens' lawyers responded on May 27, they added a new claim of "intentional infliction of emotional distress" and two additional claims of defamation.

In the latest filing, McNamee's lawyers said New York has the most interest in this lawsuit and that many of the potential witnesses reside in New York. McNamee claims no defamation took place and that it would be a burden for him to defend the case in Texas. According to the filing, McNamee earned only about $3,000 between January and June of this year.

McNamee also claims that he is immune from defamation because he made his comments to former Sen. George Mitchell, who led baseball's probe into performance-enhancing drug use, at the behest of federal prosecutors.

ESPN.com's Lester Munson is a Chicago lawyer and journalist who has been reporting on investigative and legal issues in the sports industry for 18 years.

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