A federal grand jury is investigating whether Roger Clemens lied to Congress last year, two people briefed on the matter told The Associated Press on Monday.
Both spoke on condition of anonymity because grand jury
proceedings are supposed to be secret.
Congress asked the Justice Department to look into whether the
seven-time Cy Young Award winner lied last February when he
testified under oath at a deposition and a public House hearing
that he never took illegal performance-enhancing drugs.
That contradicted the sworn testimony of his former personal
trainer Brian McNamee, who said under oath that he injected Clemens
with steroids and human growth hormone.
By bringing the case to a grand jury, the Justice Department
escalated the case from an FBI investigation. A grand jury allows
prosecutors to get sworn testimony from witnesses and collect
The grand jury's involvement first was reported by ESPN.com.
McNamee's lawyer, Richard Emery, said Monday his client has not
been called as a grand jury witness or received a subpoena. But he
does expect McNamee to testify again.
"We will be cooperating. We've been in contact with the federal
authorities for a year and a half," Emery said. "We look forward
to the results, which we fully expect will show that Brian has been
telling the truth all along."
In the Mitchell Report on doping in baseball, McNamee said he
injected Clemens more than a dozen times with steroids and HGH from
1998-01. Clemens' repeated denials of those accusations drew
Congress' attention - and the former pitcher then made more denials
Shaun Kelley, owner of a Houston training center, said he had
taken a polygraph test for FBI investigators John Longmire and
Heather Young last April and that he had denied meeting Clemens or
providing the pitcher or any of the pitcher's associates with
illegal substances. Kelley said he employed Clemens' stepsister
Bonnie Owens for about a year.
Kelley said neither he nor his lawyers had been contacted by the
"It is just not fair for me, because they just come down here
and throw me under the bus, and I lose half-a-million of
business," Kelly said Monday in a telephone interview.
"I know in my heart I passed it," he said of the polygraph,
"but the FBI is not known for admitting their mistakes."
The investigation could pose an interesting ethics puzzle for
President-elect Barack Obama's incoming team at the Justice
Lawyer Lanny Breuer is expected to be announced any day as
Obama's pick to lead the department's criminal division. Breuer was
hired by Clemens last year as he prepared for the congressional
investigation that has now resulted in a criminal investigation.
When he was hired in January 2008, Breuer said he was
"honored" to join the legal team "representing one of the
greatest pitchers and athletes in history."
Rusty Hardin, a lawyer for Clemens, could not immediately be
reached for comment. Rep. Henry Waxman, the California Democrat who chaired the House committee that heard the testimony of Clemens and McNamee last year, declined to comment.
It was Waxman's Feb. 27 memo that outlined the reasons the panel
referred Clemens to the Justice Department, summarizing "seven
sets of assertions made by Mr. Clemens in his testimony that appear
to be contradicted by other evidence before the committee or
Those areas involve Clemens' testimony that he has "never taken
steroids or HGH"; that McNamee injected him with the painkiller
lidocaine; that team trainers gave him pain injections; that he
received many vitamin B-12 injections; that he never discussed HGH
with McNamee; that he was not at then-teammate Jose Canseco's home
from June 8-10, 1998, when their Toronto Blue Jays played a series
at the Florida Marlins; and that he was "never told" about
baseball investigator George Mitchell's request to speak to Clemens
before issuing the report containing McNamee's allegations.
Clemens last played in the major leagues in 2007, with the New