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And -- perjury trial of baseball legend Roger Clemens resuming today -- one last juror.
The judge dismissed one of them for sleeping during the trial Clemens is charged with lying to congress.
About using steroids during his professional career.
His former trainer Brian McNamee back on the stand today yesterday he took jurors through claims that he injected Clemens with steroids beginning in 1998.
Some of his evidence includes syringes and cotton balls and he says contain clemens' DNA.
Joining us now Doug burns a formal -- former federal prosecutor probably a formal one as well.
Hey Doug what first -- what about this dismissed juror I always -- I think a lot of people thought you had have twelve people on a jury to make a decision not case.
Now good question basically John name panel alternates they have twelve and I think in this case three more total of fifteen.
On the alternate sit there they watch and listen etc.
and then if somebody has to be excused and it can be for a number reasons in this case.
It is -- -- jurors sleep and I don't think I've seen -- all the trials I've done.
But -- -- -- managers excuse and one of the alternates comes in and apparently it wasn't just cat -- -- you -- judge said she was sleeping for a lengthy periods of time and -- -- -- the old -- because that's only one -- opinion of the government's -- -- Well so aren't you.
What about -- the government's case -- -- -- we're going after a baseball legend -- for lying to congress.
Well you know it's -- -- because other baseball players John as we now and I'm not gonna name him of course you know basically admitted look I used steroids I'm sorry may have called but.
And an end of story and an issue.
And people wiser than I have said it's always about the cover up not the crime and people subliminally field.
But this is not the crime of the century so here what happened is Roger Clemens win rather brazenly.
Before congress and insisted over and over that he didn't do it and it's got the higher for lack of a read a word of the government.
And they decided to charge him with lying to congress.
Barry Bonds was similarly charged etc.
we know what happened in that case.
As far as the case itself McNamee is the most critical witness -- make or break make or break where and that's exactly he's the person who says you know I.
You know injected this directly into him so the first question is if the jury believes him.
Will they convict it's the universal rule in federal court that you do not repeat do not need independent corroboration.
If they believe his testimony beyond a reasonable doubt.
They can convict having said that out.
-- really do need corroboration as a practical matter and that's where -- -- you guys said at the outset the syringes the cotton that's all very very important for jurors.
Have already expressed some skepticism on that John.
And Brian McNamee.
The strengths and training coach for the team at the time he was injecting Clemens he says.
Not exactly -- choir boy I mean he's got some problems in his back.
Well that's right and that's a very good point and in other words.
It's funny because the judge blocked one thing the defense wanted to get records.
Associated with his divorce the judge described that as -- -- fishing expedition.
And I think that was a good decision but he had been convicted twice of driving under the influence he apparently has an alcohol problems.
And then there was a very very so the hotly contested situation.
Involving some type of sex abuse situation in a hotel nobody was ever charged so what they did there.
Is they sanitize that linguistically which happens all the time and they gonna refer to -- just as some type of serious investigation.
But your point.
Well taken is of course on cross examination.
There it again and -- Term heart well so the coming clemens' trial goes on will certainly keep an eye on and Doug burns thanks for sharing your expertise.
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