Former baseball pitcher Roger Clemens appeared in court for a brief hearing on conflict of interest issue brought out by the prosecution a few weeks ago. Federal prosecutors revealed that Rusty Hardin, the lead lawyer of Clemens, also represented Andy Pettitte, one of the government’s witnesses. They asked the defense to waive any possible conflict of interest that may arise if Pettitte will be called in the witness stand. The hearing was called by US District Judge Reggie Walton.

Clemens told the court that they will replace Hardin once the prosecution presented Pettittee to testify. The defense team will replace Hardin with another lawyer who is not connected with Hardin’s law firm. Defense lawyer Michael Attanasio will be assigned to cross-examine Pettitte.

According to Hardin, he only worked with Pettite for a short period of time. Clemens and Pettite, who were former team mates in the New York Yankees, asked for a legal advice from Hardin when their names were implicated in the Mitchell report. The congressional investigation was focused on the alleged rampant use of performance enhancing drugs in baseball.

“I’m not sure I gave him any advice, but we had about a six-day attorney-client relationship,” said Hardin. He assured the court that the defense team will not use any privilege information he had from that six days counsel-client relationship with Pettitte.

Andy Pettitte is one of the many baseball players who admitted to taking steroids and human growth hormone. Roger Clemens, on the other hand, denied that he took steroids or human growth hormones despite the claims of his former trainer. Brian McNamee claimed that he personally inject the pitcher with growth hormones several times.

Pettitte is a vital witness of the prosecution. He alleged that Clemens confided to him about the latter’s use of steroids and HGH. Clemens already countered this saying his former team mate “misremember” their conversation.

During the hearing, Judge Reggie Walton also told the parties about his short conversation with a former baseball player. He met retired major league star outfielder Ken Griffey Sr. a few months ago in their hometown. Griffey Sr. told him that Clemens is “a good guy.” The judge immediately cut their conversation and told the former baseball star that he can’t discuss the case of Clemens. “I don’t believe he was seeking to influence me,” said Judge Walton. However, he still informed the parties so that they can raise some concerns or objections.

But both parties were not bothered about that meeting. “We understand the court can be fair and impartial in all circumstances and we have no objections,” prosecutor Daniel Butler told the AFP.

Other issues were not discussed in the hearing like the motion filed by Clemen’s camp asking the court to dismiss the obstruction of Congress charge. They alleged that several charges were compiled in a single complaint which could lead to unfair conviction of Clemens.

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