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January 3, 2008
Posted: 02:55 PM ET

WASHINGTON – You wouldn’t think fireball pitcher Roger Clemens and the 19th Century playwright Oscar Wilde would have anything in common, but a lawsuit could be a link between them.

Clemens has been accused of using steroids by his former trainer, Brian McNamee. Clemens has denied it, implying that McNamee is a liar. Last week McNamee hired a high-powered lawyer, who said if Clemens continues to say McNamee’s charges are untrue, McNamee will sue Clement for defamation, thus forcing him to make his charges under oath and risk prosecution for perjury.

When Oscar Wilde was in a similar situation he (very unwisely, it turned out) precipitated a libel case which boomeranged and led to his imprisonment.

Wilde had been called a “sodomite” by the father of a young man who lived with Wilde. Wilde charged the man with criminal libel, but in the trial that resulted, it became clear that Wilde was guilty of the charge made by the father, and far more. Wilde was convicted of “gross indecency,” and spent two years behind bars.

Thus far, Roger Clemens’ denials have not triggered a suit by McNamee, but Clemens has scheduled an interview with Mike Wallace on “60 Minutes” on Sunday night.

McNamee’s lawyer, Richard Emery, said if Clemens “continues to play fast and loose with the truth on ’60 Minutes,’ and he continues to call Brian McNamee a liar,” then they will sue The Rocket and force him to make his denials about steroid use under oath.

Clemens may not be familiar with Wilde’s comeuppance, but in any event, precipitating a defamation suit is a hazardous undertaking, and this situation may not come to that. But if there is a lawsuit, reserve a seat for me in the front row.

Fred Graham, In Session Senior Editor

Filed under: The Law


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Paco   January 3rd, 2008 8:41 pm ET

Fred, the truth is that I just don’t care if athletes use steroids or not. In my opinion, they all do it… and with so many important issues facing this nation like the Iraq war, terrorism, crime, murder, rape, health care, and more… it just seems rediculous that were even talking about this.

BSH   January 4th, 2008 1:27 pm ET

Shouldn’t the burden of proof be on the original claim? It’s not necessary for Roger to deny accusations under oath; it’s necessary for the trainer to put up some evidence, or accept being disputed.

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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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Ashleigh Banfield
Co-anchor of the daily trial program Banfield and Ford: Courtside
Ashleigh Banfield
Jack Ford
A former prosecutor and co-anchor of the daily trial program Banfield & Ford: Courtside
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Lisa Bloom
Anchor of the daily trial program Lisa Bloom: Open Court
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Jami Floyd
Former defense attorney and anchor of her own daily program Jami Floyd: Best Defense
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Fred Graham
Senior Editor Fred Graham covers legal news in Washington, D.C.
Fred Graham
Jean Casarez
Attorney Jean Casarez covers trials around the country
Jean Casarez
Beth Karas
Former prosecutor Beth Karas covers trials around the country
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