Friday, August 8, 2008

Attorneys for Clemens Argues to Keep Defamation Case in Houston


As we all remember, Congress put aside those petty issues of high gas prices and immigration policy to question professional baseball players (both former and current) concerning the use of steroids in their sport. As a result, dozens of athletes were publicly accused of using some concoction in a needle to enhance their play. Roger Clemens, formerly of the Houston Astros, was one of the men whose superior pitching arm was attributed to more than natural talent. In defense of the body he claims was developed from hard training, Clemens has filed a defamation suit against his former trainer, Brian McNamee.

McNamee and his attorney have been advocating for a change of venue away from the city of Houston. I guess the threat of facing a jury box filled with Astros fans waving those big foam fingers was not an appealing thought for the defendant.

Clemens’ attorney, Rusty Hardin, on the other hand, wants the trial to stay in Houston. In fact, he will be filing a motion in federal court tomorrow to keep the high-profile case in his client’s place of residence. In explaining this recent legal action, Hardin said, “We basically filed a brief that says if you injure someone in Houston, Texas, you should properly be held accountable in Houston. McNamee slandered Roger in Houston, and that’s where the injury occurred.”

It’s only natural … who doesn’t like home-field advantage? Perhaps, in honor of Clemens’ former team, Hardin will find a courtroom that has a retractable roof and then insist that the roof remain closed while he pipes in deafening sounds of people cheering. Of course, even without such advantages, Clemens makes a compelling case on his own behalf. As the All-Star said in an interview from his home in Katy, TX last year, "If he's doing that to me, I should have a third ear coming out of my forehead. I should be pulling tractors with my teeth." Now, there’s a man who has been reading his Alarming Side Effects of Steroids manual.

At Bertolino LLP, we have attorneys who specialize in celebrity, sports and entertainment law. If you have been accused of steroid use, injured by an overzealous member of the paparazzi, or decided that your new contract is not worthy of your talents, please get in touch with us!

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