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Consideration of Potential Conflicts in <i>U.S. v. Clemens</i>

By Ellen C. Brotman and Michael B. Hayes

Snow is melting, seed catalogs are arriving, and eyes have turned to Spring Training. Some baseball fans are also turning their attention to the U.S. District Court for the District of Columbia to follow the recent developments in U.S. v. Clemens, 1:10-cr-00223-RBW. The indictment, filed in Aug. 2010, charges player Clemens with six counts: three counts of making false statements to Congress, two counts of perjury and one count of obstruction of Congress. (The trial is scheduled for July 2011.)

The charges arise out of testimony that Clemens gave before Congress on Feb. 8 and Feb. 13, 2008, concerning the use of performance enhancing drugs (PEDs) in Major League Baseball. Clemens flatly denied ever using PEDs. It appears that recently retired Yankees pitching ace Andy Pettitte, a former teammate of Clemens', remembers things differently. Prosecutors anticipate that Pettitte, a government witness, will testify that Clemens admitted using PEDs to him some years ago, according to court documents in U.S. v. Clemens.

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