January 07, 2008

Roger Clemens filed his own defamation lawsuit against his former trainer for making “false and defamatory” claims in Senator George Mitchell’s report on performance-enhancing-drug use in Major League Baseball.

“All of McNamee’s accusations are false and defamatory per se because they are not true, and they injured Clemens’ reputation and exposed him to public hatred, contempt, ridicule, and financial injury,” the lawsuit states. “McNamee made the allegations with actual malice, knowing they were false.

“The law presumes that McNamee’s false, defamatory per se statements injured Clemens. Moreover, as a proximate result of the publication and republication of McNamee’s false accusations, Clemens’ good reputation has been severely injured. Finally, McNamee’s false allegations have also caused Clemens to suffer mental anguish, shame, public humiliation and embarrassment. Clemens seeks damages for these injuries from McNamee in an amount to be determined by a jury.”

“According to McNamee, he originally made his allegations to federal authorities after being threatened with criminal prosecution if he did not implicate Clemens,” the lawsuit states. “McNamee has stated that he later affirmed his allegations to the Mitchell Commission, again only after being expressly threatened with criminal prosecution.”

Well… to answer a recent “commenter” on this Yankee blog when he asked “If Clemens was not guilty, he would have sued for defamation” …. and I repsonded “Give it time… you can’t sue 24 hours after a claim”…
Looks like I was RIGHT!!







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