"One man's garbage," Morris-Kukoski's said, "is another man's find."
The combative nature of the trial was exemplified by the testimony of Dr. Ed Blake, a DNA expert from Forensic Analytical Sciences. Blake took issue with some of the opinions expressed by the defense's DNA expert. That drew several challenges from Clemens lawyer Michael Attanasio during cross-examination.
"You're trying to confuse this jury," Blake told Attanasio. "And you're trying to confuse me."
McNamee said he kept the beer can in a FedEx box in his house for more than six years, but his estranged wife, Eileen McNamee, testified last week that she didn't remembering seeing a beer can in the box when she found it in her husband's closet.
FBI agent John Longmire, making his third appearance on the stand, testified that Eileen McNamee gave a different account when he interviewed her last year. He said Eileen McNamee spoke of seeing a beer can inside the FedEx box — as well as a separate beer can outside the box that has not been introduced as part of the case.
"She said that she saw one beer can next to the FedEx box. ... Separately, she saw a beer can in the plastic in the box, among other items," Longmire said.
After Longmire was done and the jury sent home for the day, lawyers spent about 90 minutes arguing over various exhibits and testimony, including a lengthy debate on the nature of the verdict form.
One crucial point was left hanging: The defense again moved that the issue of whether Clemens was at teammate Jose Canseco's house on June 9, 1998 is not relevant to the trial. Clemens said at his congressional deposition that he wasn't — and one of the charges against him is that he obstructed Congress when he made that statement.
The evidence at the trial has clearly shown that Clemens was at Canseco's house that day, but prosecutors have connected his attendance to steroids use only in vague terms.
"I do have problems with that allegation," Walton said. He said he would study the matter further and rule on Tuesday.
Associated Press writer Frederic J. Frommer contributed to this report.
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