Judge refuses to strike Pettitte testimony - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Judge refuses to strike Pettitte testimony

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Former Major League Baseball pitcher Roger Clemens arrives at federal court in Washington, Monday, May 14, 2012. (AP Photo/Susan Walsh) Former Major League Baseball pitcher Roger Clemens arrives at federal court in Washington, Monday, May 14, 2012. (AP Photo/Susan Walsh)

WASHINGTON (AP) -- Roger Clemens has lost two legal moves in his perjury trial: his efforts to strike the testimony of his former teammate Andy Pettitte and to bring in information from the divorce of his chief accuser, Brian McNamee.

U.S. District Judge Reggie Walton rejected a defense motion Monday to strike Pettitte's testimony about a contested conversation a dozen years ago about human growth hormone.

Pettitte testified two weeks ago that Clemens said he had used HGH - only to say under cross-examination he might have misunderstood their conversation. Walton ruled that because Pettitte had said under questioning from prosecutors that Clemens said he used HGH, it was up to the jury to decide which how much weight to give Pettitte's testimony.

Walton also granted motions filed by McNamee and his estranged wife's law firm to quash a Clemens subpoena for divorce records. The judge called the subpoena a "fishing expedition."

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

Roger Clemens' chief accuser is expected to testify Monday against the former pitcher, a make-or-break moment for the prosecution as it seeks to convict Clemens of perjury.

Brian McNamee, Clemens' former strength coach who said he injected the seven-time Cy Young Award winner with steroids and human growth hormone in 1998, 2000 and 2001, takes the stand as the trial moves into its fifth week. Clemens is accused of lying when he told Congress in 2008 he never used those drugs.

A lot rides on McNamee's testimony, especially after the government's other key witness, pitcher Andy Pettitte, wavered in his appearance two weeks ago. Pettitte, a former Clemens teammate, testified that Clemens said he had used HGH - only to say under cross-examination he might have misunderstood their conversation.

The judge is also expected to rule on a defense subpoena for records from the ongoing contentious divorce proceedings of McNamee and his estranged wife. Clemens' lawyers want the records about McNamee's past to attack his credibility. Prosecutors want this material kept out of the trial.

McNamee says he saved items that he used while injecting Clemens with performance-enhancing drugs, including gauze, tissues, syringes, cotton balls and needles. Prosecutors say they have evidence that some of the materials tested positive for the drugs as well as Clemens' DNA.

Clemens' lawyers have said they will contend that the items saved by McNamee have been tainted and contaminated because they were stored so haphazardly. They refer to the collection as a "mixed-up hodgepodge of garbage."

Clemens insists that McNamee injected him with vitamin B12 and the anesthetic lidocaine.

Monday will be a reunion of sorts for the two men. In 2008, when they testified together before a congressional committee, McNamee said he injected Clemens with steroids and HGH, and Clemens denied it.

Two weeks later, the chairman and ranking member of the committee asked the Justice Department to investigate whether Clemens committed perjury at the hearing, and two years after that, Clemens was indicted by a grand jury.

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