The Roger Clemens perjury trial began its first day of jury selection on Wednesday in a process that will likely carry through the end of the week. The jurors are facing over numerous questions related to baseball, performance enhancing drugs, and sports in general as the attorneys look for the most favorable 12-person pool.
As they have waded through the questions, an interesting one arose in relation to steroids and baseball. Question number 37 of the day asked whether the jurors had heard of Barry Bonds' perjury trial earlier this year. Bonds testified before a grand jury in regards to his involvement with BALCO and his testimony resulted in the subsequent federal trial in San Francisco this year.
One of the reasons for such a jury question is the need to keep the jurors from confusing the issues of Bonds' trial with the issues of Clemens' trial. There are vast distinctions between the conduct of Clemens and Bonds that could very well influence the outcome of this trial.
When Bonds went before the BALCO grand jury, it came as a result of a federal subpeona that required him to testify. He was granted immunity so long as he told the jury the truth. During his testimony, Bonds actual acknowledged using steroids but he claimed it was inadvertent and his trainer Greg Anderson had given them to him without his knowledge. Bonds claimed he was under the impression they were flaxseed oil and arthritic balm. In looking through the various counts against Bonds, the only time he gave a particularly emphatic no was when he was asked whether anybody but Bonds' personal physician and Giants team doctors had injected him.
In contrast, Roger Clemens has maintained with clear defiance that he never used steroids or HGH, that he never possessed either substance, and that he never even discussed steroids. He volunteered to go before Congress without a subpeona and without any sort of immunity for crimes he may have committed. He testified in a deposition and then once again before the Committee in a hearing about the Mitchell Report.
The only similarity between Bonds and Clemens is that both are accused of lying to the federal government. While Bonds was found guilty only of a minor obstruction of justice charge that might get thrown out, Clemens finds himself facing a tougher task. Bonds was fairly vague in answering the grand jury questions and rarely gave hard yes or no answers to questions. In doing so, Bonds made the government's case that much more difficult. It's harder to prove something beyond a reasonable doubt when the jury isn't quite sure how clear the defendant was and what exactly is going on. Throw in nothing more than circumstantial evidence and it is not surprising the government failed to meet their burden.
On the other hand, by vehemently denying use or knowledge of steroids and HGH, Clemens has put himself in a position where circumstantial evidence could prove sufficient. Furthermore, while Bonds' trainer Greg Anderson refused to testify, the government's case against Clemens is heavily-based on the testimony of trainer Brian McNamee. The defense has made it quite clear that they will be looking to discredit McNamee.
While there will be plenty of testimony from more well-known names like Andy Pettitte and famed BALCO investigator Jeff Novitzky, McNamee's testimony will likely make or break the government's case. There are reports of syringes kept by McNamee that could provide a smoking gun that was absent in the Barry Bonds perjury trial. If that smoking gun exists, Clemens is in for a world of trouble.