Vote 2020 graphic
Everything you need to know about and expect during
the most important election of our lifetimes
Sports News Without Fear, Favor or Compromise
Sports News Without Fear, Favor or Compromise

Clemens Lawyers, Prosecutors Caught Discussing Trial Strategy Over Hot Mic

Illustration for article titled Clemens Lawyers, Prosecutors Caught Discussing Trial Strategy Over Hot Mic

Jury selection began this week in the second perjury trial of Roger Clemens, and journalists were given an unexpected glimpse into what they might expect once jury selection is over.


At the US District Court building in Washington, DC, Clemens defense lawyers Jeremy Monthy and Michael Attanasio were chatting with Steven Durham and Daniel Butler of the U.S. Attorney's office. What Durham and Attanasio, who did all the talking, didn't realize was that a courtroom microphone was live and transmitting audio five floors down to a press room, which also supplied a video feed of what was happening.

What did we learn? Nothing earth-shattering, but at least trial-watchers have an idea of how things may start off, at least concerning what witnesses may take the stand and when.


• Attanasio asked Durham if he'd call Don Catlin, an expert on doping whose LA lab may have analyzed DNA evidence that proves Clemens took PEDs. "We may not call Catlin, he's 84 years old," Durham said. (Catlin is actually 74.)

• Durham said Charles Johnson—this one, not the former MLB catcher—would likely be his first witness called, much like last summer's first go-around.

• Durham promised not to go nuts with how many witnesses he intends to call: "The agent who goes down to Texas and collects samples from your client, we won't call him."

• Both sides shared a laugh about evidence the prosecution recently unearthed and had to disclose to Clemens' defense. "We saw that and said, well, I guess we better send this to the defense," Durham told Attanasio. "It is what it is. You can't get the genie back in the bottle."


No word yet on how many more Americans feel this trial is a waste of taxpayer money, but that number is undoubtedly rocketing up by the day.


[New York Daily News]

Share This Story

Get our newsletter