Late start for me; traffic all jammed up with street-closings. Security is tight. I assume it's result of the Occupy Chicago & Anti-NATO protest there...
I will continually update this post, so make sure to hit refresh (for updated info) if you want to follow along with the live blog...
11:30am) To catch up on the day so far:
In a stunning turn of events; Judge Walton changed his mind regarding his previous ruling - that evidence / testimony about Andy Pettitte & Chuck Knoblauch's use is not admissible. He previously ruled this info would "taint the Jury with guilt by association."
(Note: McNamee & Brian Cashman testified to McNamee's training up to 10 Yankees. He also trained others on the Blue Jays and Astros. Not all of his "clients' used and more than one person has refuted McNamee's accusations - David Justice comes to mind. So does Canseco, who even signed an affidavit saying, "McNamee is lying about everything (regarding Clemens)."
Govt Prosecutor Butler asked he be allowed to introduce it to "rehabilitate Brian McNamee's credibility." Judge agreed.
Earlier in the trial, Andy Pettitte re-affirmed his 2008 Deposition (here) that he misunderstood a Clemens statement about HgH in 1998/1999.
The change seems a little biased on the Judge's part; to rule against his previous ruling in order to "rehab" McNamee's credibility. Why is he interested in accomplishing that for McNamee & why was it so damaged to begin with? A lot of sidebars have guided the course of events for this trial, leading to "some evidence being admitted and some not." The time to object to any line of questioning or content of testimony was already thoroughly discussed and agreed to.
11:35) Govt Butler wrapped up his questioning of McNamee. A few things came out: Brian McNamee went into detail about his use. In 2005, McNamee used testosterone two times to help rehab his shoulder. When asked if it worked, he said he "didn't know." Butler: Did you obtain the testosterone himself? BM, "Yes." Butler: "Did you keep it in your own house?" BM, "Yes." (This contradicts earlier testimony that he "didn't like keeping drugs (prescription bottles included) in his house, around his family."
He also cut off his finger, and used HgH. Butler: Did you obtain it yourself? BM "Yes. I knew where to get it and it was always around." Did you keep it in your house? BM, "Yes. I used it for 2 weeks and it worked."
McNamee redirect:
Hardin, "You don't know where Clemens got the 'HgH for his wife?" BM, "No." But you said Clemens got it & it was from Radomski? BM, "I just assumed it was from Kirk. It was the same kind." Mr. McNamee, you have no personal knowledge that Clemens ever got any package sent/recieved from Kirk Radomski, isn't that right? BM, "That's right. I don't know where it was from." (Chalk it up to "made up (lie)" or "bad memory?")
(McNamee has aid she used HgH for a Sports Illustrated photo shoot. It was discovered on cross-exam that this is 'inconsistent." Sports Illustrated shoot was Feb 2003. The alleged use was during the summer of 2002.)
12pm Manny Manuel of Miller Lite was then called to give testimony about "beer cans." Govt trying to sure up the "care, control & custody" involved in the chain of custody.
12:05 Hardin: Mr. Manuel, Miller Lite does not make beer cans to store needles in, do they? MM "No. No they don't." RH: That's all your honor. Thank you.
12:15 Alexander Lowry takes the stand to talk about Jose Canseco's pool party. He recalls seeing Roger Clemens there along with his son, Koby; was given a tour of the house, ate there & got his picture taken with Clemens. (Clemens said he went there after a golf game, but left early)
-- 20 minute recess -- Judge had prior appointment
(Saw Roger at lunch. He had a good weekend, and did another charity event. He must be racking up the flying miles, that's for sure. His nephew, Nick Johnson, played in the Junior College World Series this weekened too. The Tyler Junior College Apache Athletics (here on twitter) made it the game 6 & were up 5-4 in the bottom of the 6th inning. But Joliet JC came back to win, 7-5. Good experience is the best teacher...
Hardin, "I had a working weekend.
Update from earlier: Govt Butler wanted Knoblauch to appear to give testimony & Hardin replied "If he shows up, we'll ask him about the 2001 rape incident in St. Petersberg (here); when McNamee lied about his & two other players involvement" Per reports, McNamee drugged a woman with GHB & then raped her (the Hotel Manager at St. Pete's heard her cry out, "No. Help me! here). McNamee also lied to the police investigating the incident, per reports.
Earlier, Judge Walton also said he would not allow Clemens 2003 clean drug test (done league wide) as evidence, because "it does not prove that he never used." Clemens played baseball for 24 years. Maybe Hardin will try to admitt ALL of the drug tests that he's taken; especially considering that he is now allowing evidence that favors one-sides credibility, going against his previous ruling (re: Pettitte, Stanton & Knoblauch).
Waiting to resume trial now....
End of Lunch: Judge back in chambers. It will be a short day on Weds. Govt Durham will be calling two witnesses from the West Coast. And expects to wrap up his witnesses this Thursday or Friday.
Hardin's 1st witnesses will be Agent Novitzky & Agent Longmire. He expects to wrap up in 7 to 8 business days.
1:55pm
Hardin: Mr. Lowry, would you say that your recollection from 1998 is good? AL, "Yes sir." How old were you then? AL "11 years old." You remember swimming and playing wiffle ball with Koby? AL, "Yes sir." You knew that he wanted to be a baseball player & so did you, right? AL "Yes sir." Do you remember Koby having bleached blonde hair? AL "No sir."(Lowry testified that Clemens had highlights, which got a chuckle in the press room. "Hehee" ~ Really fellas?) Hardin "Koby's team-mates all bleached their hair & so did their father."
Continuing... Hardin "Do you remember the trial from 2008?" Object. Sidebar
Hardin asking about the picture from Canseco's party. When was the 1st time you were asked to remember the picture with connection to the Clemens hearing in 2008? AL "My father asked me about it the day after the hearing." (2/14/2008) Did you then make arrangements to meet with the government? AL "No sir." Do you remember when the Govt called you to give a statement about it? AL, "Yes. June 25th 2009" He was 1st interviewed by the Govt during the Grand Jury by Govt Butler & Durham.
2:20 pm
Leading up to the Grand Jury, had you read anything about the case? AL "A little bit." And what about after your testimony to the Grand Jury? "Not really. I had a conference with the Govt" Who was there? "Guerero." Anyone else? "Yes. Her." Who? Do you remember her name? "No." Harding notes it as Govt Saleski & Agent Longmire.
Lowrie admits to having a reading comprhension problem...
Asked who answered the door at the Canseco pool party. AL "I don't remember." Would you remember if Canseco answered? "Probably." Did you see any buses parked at Canseco that day? AL "No sir." You didn't see any team buses? "No sir."
Do you remember what time the party started? AL "No sir. I didn't have a watch." And you were only 11 years old, right? "Yes sir." You remember taking a tour of the Canseco's massive house? "Yes sir" Do you remember how long it lasted? "How long could it last, it was just a tour?" But you don't remember how long, right? AL "no sir"
2:25pm
Do you remember what was served at the party? AL, "No sir. BBQ I assume" But you don't remember? AL "No." Who did you want to see at the party? AL "Canseco, Clemens & Jose Cruz." Did you meet Jose Cruz? "No." Do you remember what Clemens was wearing? AL "Yes. A bathing suit. Everyone was wearing one" Do you remember how long you played wiffle ball with Koby? AL "No. About an hour." You remember how long you played wiffle ball? AL "Its a guesstimate" So you don't remember? AL "No sir. Not exactly."
Do you remember what time Roger Clemens got there? AL "No sir." Do you know what time Clemens got there? AL "No" Do you remember if Roger Clemens showed up at the party wearing golf clothes? "No. I don't remember."
2:35pm
Do you remember taking a pciture with some of the players? Al "Yes" With who? "Jose Canseco and Roger Clemens" Do you remember what time the picture with Jose Canseco was taken? "No sir." Do you remember what time the picture was taken of you & Roger? "No sir. I know it was at the end of the day. Or just before I was leaving. If I left at 3pm, then the pictures were probably taken at about 2:30. if I left at 4pm, then they were probably taken 3:30pm"
(Shows a picture of Clemens in the pool swimming) Was anyone else in the pool? AL "I don't think so" Do you remember anyone being around you? "AL "No. I just remember being really nervous trying to build up the courage to ask him if I could get a picture with them." Mr. Pasquale helped intervene for you, to get the picture for you? AL "Yes sir."
Do you remember what time you ate? AL "No sir." Sometime before this picture (at the pool) AL "Yes sir." Man, you really don't remember what time you got to the party, who all was there or what time people left, do you? AL "No, I don't."
Govt redirect in order to try and re-establish the credible memory of an eleven year old kid from 1998....
2:40pm. Lowrie recalls teleconfrerence with Mitchell, and "some FBI guys." We didn't tell you what to say, right? AL "No sir."
Hardin redirect
2:50pm Did you watch the series that weekend (of the pool party)? AL "No. I can't tell." You don't remember? AL "No sir." Thank you, Mr. Lowire. That's all your honor.
3:10pm
Jurors shown a Clemens excerpt from the 2008 Oversight Committee regarding the pool party. Clemens admits to attending the party, but reaffirms that he played golf. He might have stopped in to Canseco's, but didn't stay long & certainly wasn't "huddled in a group doing a drug deal."
Note to Darrell Issa: It seems not all evidence from the 2008 Oversight Hearing is being ignored...
3:15pm
Govt Durham calls Elizabeth Fontaine of the FBI crime lab. Very slow speaker on a very slow subject. Now trying to educate the jury on what surface is best for finger prints.
3:25pm
Fontaine goes through her process of counting out finger prints & verifying finger prints; including how prints are lifted using chemicals & ultra violet light, powder etc etc etc etc etc








