McNamee moves to defend himself

12/29/2007 11:07 AM ET

Trainer reportedly could file defamation suit against Clemens

By Alyson Footer / MLB.com

HOUSTON -- Brian McNamee, Roger Clemens' former trainer, has added another attorney to his legal team and could file a defamation suit against the seven-time Cy Young Award winner, according to The New York Times in its Saturday edition.

Richard D. Emery, a prominent New York lawyer, told the newspaper he has been asked by the lawyer for McNamee to assist in defending McNamee against allegations that he lied to former Sen. George Mitchell's investigators about Clemens' use of steroids and human growth hormone.

McNamee's lawyer, Earl Ward, told the Times he recruited Emery because of his experience in libel and defamation cases.

The Mitchell Report, which was released on Dec. 13, named Clemens as having used steroids and human growth hormone in 1998, 2000 and 2001. McNamee, who had a 10-year professional relationship with Clemens, provided the information to Mitchell and his investigative team.

Clemens has steadfastly denied all allegations, and his Houston-based attorney, Rusty Hardin, has vowed to fight the charges. Hardin told local reporters on Dec. 23 that he was considering filing lawsuits against McNamee and those involved with the Mitchell Report, as well as the Los Angeles Times, which in 2006 wrongly identified Clemens as appearing in a affidavit made by former Major League pitcher Jason Grimsley, a one-time teammate of Clemens.

Ward told the Times that he and Emery "would be in a position to bring a lawsuit against Clemens if the pitcher and his lawyer continue to insist that McNamee did not tell the truth about Clemens."

Ward and Emery referred to a Mike Wallace interview with Clemens that is scheduled to appear on the Jan. 6 broadcast of "60 Minutes."

"He is afraid that his character is going to be assassinated on national television and that Roger is going to continue to lie and trash him," Ward said to the Times. "If that airs, Clemens should be prepared to see the matter litigated in the courts. We would file the suit to establish that Brian is not lying."

Clemens plans to meet with reporters after the interview airs. That meeting will likely take place on Jan. 7.

Hardin told the Times he would welcome a suit by McNamee.

"There would finally be a forum to question McNamee and I would be absolutely delighted," Hardin said. "We will no longer have to shadow box about this."

Alyson Footer is a reporter for MLB.com. This story was not subject to the approval of Major League Baseball or its clubs.

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