After years of working together, the relationship of Roger Clemens and Brian McNamee became sour when the latter testified in Congress that he injected Clemens with steroids and human growth hormone several times. This is also the reason why Clemens was indicted on several charges including lying to Congress and giving false testimonies. The two filed defamation suit against each other to prove that one of them is not telling the truth.

However, Roger Clemens was not successful in his aim to make McNamee pay for his statement in Congress. The Court of appeals recently ruled in favor of his personal trainer. Clemens’ lawyers are not satisfied with the ruling and filed a petition that the case should be reviewed by a 5-man judge panel instead of three judges who handled their case.

On Wednesday, McNamee’s defamation suit against Clemens started. The case was handled by U.S. District Court Judge Sterling Johnson. As expected lawyers of both parties exchanged heated arguments. Clemens camp argued that the case should be dismissed because it lacks merit. On the other hand, McNamee’s legal counsel said that the previous statement of Clemens to the media was a planned effort to tarnish the name and reputation of their client.

The defamation suit includes other charges like malicious prosecution and intentional infliction of emotional distress. According to Richard Emery, the head legal counsel of McNamee, his client’s life was ruined by a rigorous, unrelenting campaign to destroy him. He was referring to the series of media interviews of Clemens after McNamee testified that he personally injected Clemens with steroids and human growth hormones. Clemens initiated a media campaign including an appearance in “60 minutes” attacking McNamee’s credibility. The Daily News described how Clemens tried to protect himself from the negative impact of his involvement in the steroid scandal in baseball. In 2007 to 2008, the media appearances of Clemens centered on destroying the character of McNamee describing him as liar, an extortionist, mentally unstable and willing to fabricate evidence.

In defending Clemens, Rusty Hardin told the court that there is no basis for the defamation case. “Brian McNamee is suing Roger Clemens because Clemens is denying that he, Brian McNamee, committed a crime,” Hardin said. Clemens was actually disputing the claims of McNamee that he injected Clemens with performance enhancing substances. This would mean that his client is actually saying that the trainer has not broken drug laws.

They also questioned the venue of the litigation because the New York Yankees where Clemens pitched for some years is owned by an Ohio based company with an office in Tampa, Florida. The case should be dismissed said Clemens’ lawyers.

The Daily News also quoted another argument of Clemen’s lawyer. Joe Roden said that even if McNamee had injected Clemens with steroid and HGH in New York as part of a contract between the two men, those actions would be illegal and therefore the contract would be illegal, negating the New York court’s jurisdiction to hear the defamation case. Clemens camp wants to freeze the litigation, if it proceeds, to settle criminal issues first.

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