McNamee also testified for the first time about a conversation he said he had with Clemens about steroids following Clemens' 2003 season with the New York Yankees. McNamee said that Clemens had planned to retire and "wanted to change his workout program and get bigger." McNamee said Clemens asked, "Do you still have that guy?" who can supply the drugs. Clemens eventually decided to keep playing and returned in 2004 with the Houston Astros.
Hardin was incredulous that McNamee didn't relate that conversation to federal investigators or while being interviewed for the 2007 Mitchell Report on performance-enhancing drugs in baseball.
"Bad memory," McNamee said, adding that nothing ever came of the conversation.
Hardin also sought to prove that McNamee had tried to profit from the publicity following the 2008 congressional hearings, again pointing out a tie with the logo of a friend's company that McNamee wore to grand jury testimony and an appearance McNamee made on Howard Stern's radio show.
"Is it true you have been seeking to take advantage of the fame you have achieved by making accusations against Roger Clemens?" Hardin asked.
The government objected to the question, and Hardin withdrew it before McNamee could answer.
The trial is in its fifth week and is danger of losing a third juror to boredom. Prosecutors expressed concern Wednesday as to whether Juror No. 13 has been sleeping during testimony. Two other jurors have been dismissed for sleeping, leaving 12 jurors and two alternates.
The juror would have certainly stayed wide awake if she could've heard the bitter exchange before the jury was brought in for the start of Wednesday's testimony. Clemens lawyer Michael Attanasio was upset that McNamee has repeatedly implied that he gave HGH shots to former Clemens teammate Andy Pettitte, a fact ruled inadmissible by the judge. Attanasio said the McNamee-Pettitte connection was further implied by the way the government had redacted an email exchange between McNamee and Clemens.
"Mr. Hardin will come tackle me if I move for a mistrial, so I won't," Attanasio said angrily. The first attempt to try Clemens last summer ended in a mistrial when prosecutors showed the jury a snippet of videotaped evidence that had been ruled inadmissible.
U.S. District Judge Reggie Walton didn't disagree with Attanasio's point, but he scolded Attanasio for taking such an accusatory tone toward the government over what could just be an honest mistake.
"That's what our political world is now, and it's coming into the court," Walton said.
"You fight hard," the judge added, "but you don't have to throw dirt at each other."
Associated Press writer Frederic J. Frommer contributed to this report.
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