WASHINGTON (AP) — The defense in the Roger Clemens perjury case rested Monday, without the former pitcher testifying.
After the defense said it had rested its case, the jury was cleared from the room and U.S. District Judge Reggie Walton asked Clemens if he was aware of his right not to testify.
Clemens came up to the podium, leaned in, and said in a deep voice, “Yes sir, I am, not testifying.”
Walton asked him if he had a chance to discuss the decision with his lawyers.
“Yes judge, I sure have,” Clemens said.
Clemens in on trial for allegedly lying to Congress in 2008 when he denied using steroids and human growth hormone.
Right before the defense rested, Clemens lawyer Michael Attanasio read a stipulation that both sides agreed to about drug tests Clemens took during the last five years of his career. The stipulation said that Clemens did not test positive for steroids in 2003, when Major League Baseball did survey testing to determine whether mandatory testing was necessary. The stipulation said that Clemens also didn’t test positive for steroids from 2004 to 2007, when baseball did mandatory random drug testing.
Major League Baseball did not test for steroids before 2003, and it did not test for HGH during Clemens’ career.
The final defense witness, the former director of security for the New York Yankees, testified that McNamee can’t be believed.
“I don’t believe he could be believed under oath,” said Gerald Laveroni, who was the team’s security director from 2000-2010.
Laveroni, who overlapped with Clemens and McNamee in 2000 and 2001, said he was around McNamee every day.
Clemens’ lawyer Rusty Hardin asked how much credibility McNamee has.
“Zero,” Laveroni replied.
The government began calling its rebuttal witnesses late Monday morning. Prosecutor Steve Durham says he expects the rebuttal to take about a half-day.
U.S. District Judge Reggie Walton said last week he wants the lawyers to give closing arguments Tuesday. He’ll then send the case to the jury with his instructions.
The trial is now in its ninth week.
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