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Roger Clemens Perjury Trial: Key Evidence May Be Excluded

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By Stephanie Rabiner, Esq. on July 05, 2011 1:03 PM

Some key decisions are expected in Roger Clemens' perjury trial this week, with jury selection to start Wednesday and Judge Reggie Walton considering barring the testimony of three of the prosecution's key witnesses.

Charged with perjury and obstruction of justice for allegedly lying to Congress during an investigation into the use of steroids in professional baseball, if Clemens' defense team can successfully keep this evidence from the jury, the trial may go the way of Barry Bonds:

Not very far.

During Congress's investigation, Clemens' former trainer, Brian McNamee, told legislators that he had injected the pitcher with performance enhancing drugs. Roger Clemens denied this, maintaining that McNamee injected him with vitamins.

Though Roger Clemens is technically the one on trial, thus far, trial proceedings indicate that the real defendant is Brian McNamee himself.

As the prosecution's star witness, the defense is attempting to attack his credibility. Or at least prevent the prosecution from presenting any evidence that he may have told the truth about Clemens' drug use.

Last month, Judge Walton barred the defense from presenting evidence that McNamee was accused of sexual assault, though they can ask about lies he allegedly made to the police during that investigation.

And now the Judge is considering a request to bar the testimony of ex-Yankees Andy Pettitte, Chuck Knoblauch, and Mike Stanton, who admitted to being injected with steroids by McNamee.

Their testimony would arguably increase Brian McNamee's credibility, as USA Today reports that they can corroborate that he had access to, and used, the banned substances while he was Clemens' trainer.

If Judge Walton decides to prohibit this testimony, which he has indicated may be "unduly prejudicial," Roger Clemens' perjury trial may be deadlocked before it even starts.

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