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This is the text of defense attorney Rusty Hardin's opening argument in the Roger Clemens perjury re-trial.
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, : Docket No. CR 09- 223 :
Plaintiff, : :vs. : Washington, D.C.
: WILLIAM R. CLEMENS, : Tuesday, April 24 , 2012 a/k/a "ROGER CLEMENS," : : 9:04 A.M. Defendant. : : ...............................x
TRANSCRIPT OF TRIAL PROCEEDINGS - A.M. SESSION BEFORE THE HONORABLE JUDGE REGGIE B. WALTON
UNITED STATES DISTRICT JUDGE APPEARANCES:
For the Government: Steven Durham, AUSA Daniel Butler, AUSA Courtney Saleski, Jr., AUSA Gilberto Guerrero, AUSA UNITED STATES ATTORNEY'S OFFIC E 555 4th Street, N.W. Washington, D.C. 20530 For the Defendant: Russell Hardin, Jr., Esquire Jeremy Monthy, Esquire RUSTIN, HARDIN & ASSOCIATES 1401 McKinney Street Suite 2250 Houston, Texas 77010 Michael Attanasio, Esquire COOLEY, GODWARD, KRONISH, LLP 4401 Eastgate Mall San Diego, California 92121.
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APPEARANCES (Cont'd): Also appearing: William Pittard, Deputy Genera l Counsel U.S. House of Representatives Office of the General Counsel 219 Cannon Building Washington, D.C. 20515
Court Reporter: Cathryn J. Jones, RPR Official Court Reporter Room 6521, U.S. District Court 333 Constitution Avenue, N.W. Washington, D.C. 20001
Proceedings recorded by machine shorthand, transcri pt produced by computer-aided transcription.
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TABLE OF CONTENTS
MISCELLANY
Page No.:
Opening Statement on behalf of the Defendant .... 3
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P R O C E E D I N G S
E X C E R P T
OPENING STATEMENT ON BEHALF OF THE DEFENDANT
MR. HARDIN: Good morning.
JURORS IN UNISON: Good morning.
MR. HARDIN: That is not the, in the books, for
lawyers as the way to start an opening statement. And
obviously when I look around the table here, I didn 't get
the memo about clothes and ties either. So I hope that you
won't hold any of that against Mr. Clemens.
I really appreciate how closely you all paid
attention to the Government yesterday. Mr. Durham is a very
good lawyer and a very decent man. I was a little surprised
at the finger-pointing and the aggressiveness he to ok about
Mr. Clemens as a person.
Deceit, dishonesty, betrayal, all of those words
he threw at Mr. Clemens. All of those words more l ike the
final argument than an opening statement when we're supposed
to be discussing the evidence. He points at him. This is
not what this should be about.
This should be about what the evidence is going to
show as to whether Roger Clemens lied before Congre ss when
he testified in two different ways, one in a deposi tion in
February of 2008, and the next week before the worl d at
large on public TV.
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We're here because a man dared to publicly deny
consistently in every forum known to man his innoce nce of an
allegation in a private report released publicly. It's as
simple as that.
What this evidence will be designed to do from the
Government, Mr. Durham has already broadcast. They 're going
to call Mr. Clemens a liar. They're going say he w as
deceitful, and apparently a bunch of other words. And it is
all coming back, always will be because he dared to deny he
was guilty of a crime. That's all.
The person who has consistently throughout and
regularly since December the 13th of 2007 denied he did
anything wrong and denied that he took HGH or stero ids is
Roger Clemens.
And what you're going to see from the evidence is,
is he has done everything possible from the day one these
allegations were made public to deny his guilt. An d because
of that, first Congress and now the U.S. Attorney's Office
here in D.C., has chosen to make that a crime. You are
sitting in judgment of whether it is a crime to den y you
committed a crime. And they knew when they brought him to
Congress that that's what he was going to do.
Let's go back real quick chronologically as to how
we got here and then I want to ask you to look at t hese men
that are at issue. And I want you to think as you go
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through what the evidence is going to be what you'r e going
to have to decide from it.
About eight or nine days, the evidence will be,
before December the 13th of 2007, Roger Clemens' ag ent found
out that Brian McNamee, Roger Clemens's trainer sin ce 1998,
had told the Mitchell Commission that Roger Clemens had used
HGH and steroids. They found that out because Bria n McNamee
found out that the Mitchell Commission, when it iss ued its
report the next week, was going to name names of pl ayers the
Mitchell Commission contended had used steroids.
Congress, as you've heard from Mr. Durham, in 2005
had some much ballyhooed hearings with prominent at hletes
about whether they used steroid and what the proble m was of
steroids in baseball.
After that, baseball, at some prodding by
Congress, hired George Mitchell, who by then a form er
senator was in private practice with a law firm cal led DLA
Piper. And they hired him, and that baseball paid him, the
firm, millions of dollars to do an investigation th at
culminated in December of 2007 with what was called the
Mitchell Report.
I think the evidence is going to be that no one
knew for sure until the day the Mitchell Report cam e out
whether the Mitchell Report was actually going to n ame names
of players they said did it or whether they were si mply
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going to describe the problem of steroids in baseba ll as
they saw it in making recommendations.
When Roger Clemens's agent, and then lawyers, find
out that the report was due to come out that week, they sent
two investigators, as Mr. Durham talked to Brian Mc Namee.
And they interviewed him. And because they never w anted to
an argument about whether it was accurate or not, t hey
taped -- that interview was tape-recorded. That ta pe
recording was later provided to Congress, and the G overnment
has it. And that is what Mr. McNamee told represen tatives
of Roger Clemens that he had told the Mitchell Comm ission
the day before report comes out.
The evidence will be when the report comes out
December the 13th, Roger Clemens tried to do what t he
Government and anybody reasonable would say, just d eny and
maybe it will blow over. And so Roger Clemens did not
appear publicly on December the 13th to answer thos e
responses, he spoke to his lawyer, who said it's no t true.
And Roger Clemens takes his two -- two of his sons
hunting for a week or so. Comes back, during that week the
furor was unbelievable in the media. It's difficul t for you
to imagine because this man had many -- many called the
premier pitcher in baseball of all time.
Before 2001, no baseball pitcher had won the most
coveted award in pitching for baseball, in baseball for
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pitching, the Cy Young award. Roger Clemens by the n had won
five. He was the first person who ever won five. When he
retires, he has won seven. And so this man is the poster
boy for the Mitchell Report in terms of the nature of
steroids in baseball as far as the way the publicit y was,
and so nobody would stop.
So when he comes back, he issues a denial because
people wanted to hear from him on a You Tube, doesn 't take
questions, just says, "I didn't do it." And announ ces that
he's then -- and he's going to submit to an intervi ew with
"60 Minutes" and that Mike Wallace would do the int erview.
The very thing anybody who was not guilty of the al legations
would do to try to protect their reputation and the ir
career.
He had by that time been a baseball pitcher for 24
years. And the allegations and show [sic] of using steroids
and taking the cheap way out was total anathema, to tally a
guess, everything he had ever stood for. And those
allegations were telling a forty-five-year-old man he had
cheated, and you got where you were by not playing straight.
And the evidence will be Roger Clemens wanted the w orld to
know that wasn't true.
He does the "60 Minutes" interview. Two or three
days before the "60 Minute" interview, his represen tatives
are informed that Congress, the House Oversight Com mittee,
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the same committee that had asked for the Mitchell Report to
be done and had the hearings in 2005 was going to i ssue an
invitation to come testify.
Then the "60 Minutes" interview runs. That should
have put it to bed; right? No. The evidence will be he was
still criticized for not taking live questions from various
members of the media. He has a press conference. He plays
a tape of Mr. McNamee and he having a conversation in which
he's urging Mr. McNamee just to come forward and te ll the
truth. He gets upset during the interview and ulti mately
leaves before it's over.
Everybody says if somebody didn't do something and
you get charged with it, I'd sue. He sued Mr. McNa mee on
the eve of the "60 Minutes" show for slander.
In January, his representatives visit with the
Congressional staff, with Mr. Barnett, who's going to be the
first Government witness, urging them not to call R oger
Clemens as a witness. Nothing would be gained by i t.
Nobody had ever seen a good witness before Congress , if
Congress is after them, it doesn't work.
The invitation stood, and the request not to call
him was denied. And so then the issue is, does Rog er
Clemens refuse to come forward and make him do what they did
in 2005, which was to subpoena all those players. And then
the evidence will be uncontradicted from Mr. Barnet t, that
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if you decline to come testify before Congress, the y can
issue a subpoena. And the history was they had in 2005, and
everybody, the evidence will be, knew that's what t hey would
do.
And once Congress issues you a subpoena, you have
only two choices. You have to respond to a subpoen a or
you'll be in contempt of Congress. And then the on ly way
you can avoid not having to testify is do you take the Fifth
and say, "Exercise my Constitutional rights and I'm not
going to testify," or you testify under oath.
So Roger Clemens did not require a subpoena that
he knew would come if he didn't do it. He'd take t he Fifth,
the assumptions of the world is you did it. And so he does,
he testifies in two ways before Congress. That's h ow we get
here.
But let it not be ever forgotten, the evidence is
going to show, he didn't want to. He just simply w anted the
world to know he did not know what he'd been -- do what he
had been accused of.
So, then we end up with the tale of two men. And
the tale of two men is Roger Clemens and Brian McNa mee.
There is a hearing. Mr. McNamee gives his depositi on,
you'll hear excerpts when he testifies where he may be
questioned about some things he said.
Mr. Clemens gives his deposition. You'll hear the
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Government introduce things from that deposition. They have
in their first count 15 obstructive acts, they say, that Mr.
Clemens did to obstruct Congress. My memory is 11 of those
obstructive acts occurred during the deposition bef ore the
next week when he appeared publicly. But you'll he ar and
look and try to match up the evidence with what the y contend
were obstructive acts.
It is always going to be about the fact of that
Roger Clemens from day one has dared to say, I did not do
it, and that's what he's being prosecuted for. He' s not
being prosecuted for using. He's being prosecuted for
saying he didn't. And he didn't just say it at Con gress, he
said it with every breath he's had for the last fou r years.
So who are these guys? How did we get here and
their relationship? Well, here's Roger and the New York
Yankees. Here now, he's born in 1982 [sic] in Ohio to a
mother that had five children first, and then anoth er child
in the second marriage.
He basically grows up around women because he
didn't really have a relationship with his natural father,
and his stepfather that he loved dearly died when h e was
like ten.
This guy, I always want to say this in public
where he can't do anything to me for it, but this g uy was a
pudgy tall kid. This guy is, the evidence is going to show,
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was an achiever unbelievably, and he made himself t hat way,
not Brian McNamee. And the evidence will tell in d etail how
that happened.
Next guy, the other guy in these two guys, that's
Brian McNamee. Brian McNamee here in this picture, and it's
on your screens in front of you. That's the way he appeared
in 2010 when he testified before the Grand Jury. A nd he
testified before the Grand Jury with that blue tie is
advertising a company's product that he is hawking then and
now.
He actually knew the cameras, the evidence will
be, he knew the media was going to be all over it. He shows
up for the Grand Jury for the media advertising a p rivate
business of his that -- involvement he had, that no body
would have cared about except for the notoriety he
accomplished by being the man who supposedly brough t down
Roger Clemens.
What is Roger Clemens's career? And I want to go
through this just very quickly. Where did -- where did this
testimony first go? Before we do the career statio n, let's
do this.
The Government shows you a picture -- the
Government showed you a picture of him testifying. But this
is the atmosphere that occurred when he appeared be fore
Congress. That is the venue that all this occurred in.
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Next. Now, I want you to look, please, you've got
it on your screen. Most of you probably haven't he ard about
steroids or that much about it. This is the career of Roger
Clemens and steroids, the evidence will be, I notic ed in the
opening statement, let me back up, Mr. Durham has b acked
away kind of from the suggestion that he bulked up and
everything and made himself bigger and stronger. A nd why?
Because look at this photograph. These are the fou r --
MR. DURHAM: I object, Your Honor.
THE COURT: Approach.
[Bench conference.]
THE COURT: Were these cleared before?
MR. DURHAM: Sure. The pictures were, but there's
no foundation for what the inference, which is --
MS. SALESKI: The objection, Your Honor, is to
statements like this: Mr. Durham has backed away f rom the
premise that Mr. Clemens -- this case is not about what Mr.
Durham had said either in opening statement or befo re. Mr.
Hardin wants to address what the Government intends to
present all its evidence, that's fine. But this is not
about whether --
THE COURT: When did Mr. Durham say that he was
using steroids to bulk up? I don't recall him sayi ng that
in his opening statement here yesterday. He said t hat some
of them may bulk up, some don't, some do different things.
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So as far as I know, he's never said that.
MR. HARDIN: No, it's true that -- well, it's true
that he's never said it before this jury, that's ce rtainly
right. But the entire -- my intention was is the e vidence
is going to be that originally Roger Clemens's body changed,
and that was said before Congress. That was said i n the
Congressional Report. And the Government's clearly no
longer --
THE COURT: Is there going to be any evidence in
this case that he was using steroids for the purpos e of
bulking up? Your statements suggested that Mr. Dur ham in
the past has in some way indicated he was using the m to bulk
up, and there's no evidence from what I understand that he
said that. That needs to be corrected.
MR. HARDIN: Fair enough. Thank you.
[Open court.]
MR. HARDIN: Let me try to make something clear.
The Government's point is very valid. I don't mean to
suggest that Mr. Durham has first said that he bulk ed up and
then has changed it. What I mean to say to you is the
evidence is going to be is that originally when the se
allegations came out publicly, the suggestion was i s that
Roger Clemens's body had changed. And that was rea lly a big
issue before Congress. Did he -- did his body show any of
the outward indicia of steroids? Namely acne, name ly body
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mass changing, a bigger head, different changes in the way
the person looked. There are a lot of common
characteristics of steroids that initially when all these
allegations were, the problem with it is in trying to prove
somebody a negative, that Roger Clemens did not do
something, these pictures clearly show this man's b ody,
other than the aging process, doesn't outwardly cha nge. And
the evidence shows that what -- the ball keeps chan ging on
us with this entire area because of this.
There are masseuses that we, the evidence is going
to show, from 1986 forward, and when a time he was in
Boston, he will say that his body never changed dur ing the
time he was in Boston for 13 years. That he had no ne of the
outward characteristics of anybody using steroids.
Medical evidence is going to be there's no medical
evidence that he ever used steroids. The things th at you
would expect to find present in the medical records of
somebody that had used steroids over several years the way
that Mr. McNamee contends, there are things there t hat you
would expect that you don't find.
So, I take it from the opening statement of the
Government that now its contention is, or their con tention
is that Roger Clemens took steroids to loosen up hi s joints
and stuff like, and to recover more quickly from in juries.
That's what I heard Mr. Durham say.
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Well, there's never going to be any physical
evidence in this case from any source except Brian McNamee
suggesting in any way that Roger Clemens used stero ids.
None. They mentioned Andy Pettitte. We welcome An dy
Pettitte's testimony. Andy Pettitte's testimony wi ll be
directed to one small thing by Government, I think, and that
is his memory, he believes that Roger Clemens back in '99 or
2000 told him one time in a casual workout he used HGH.
I'm not going to get into what Andy Pettitte's
testimony is and all. Mr. Attanasio will deal with that
later. I would just tell you this. Contrary to wh at Mr.
Durham indicated, we're never going to be saying an ything
bad about Andy Pettitte.
There are still friends. They haven't been able
to have any contact because of this case, but they are still
friends. And we believe that Andy Pettitte will ta ke the
stand and tell the truth as he believes it and as h e knows
it.
And we think at the end of the day Andy Pettitte's
testimony will be some of the most convincing of al l as to
why Roger Clemens did not take steroids, or HGH at the end
of the day. So we welcome Andy Pettitte. We're no t going
to ever be bad mouthing him, and we believe he will tell
what he believes is the truth. And then you can de cide
who's right and who's wrong and what's correct and so on.
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Let's go through quickly his career. I want --
and the reason I'm going to put this up, his career . He's
born in '82[sic], he goes to high school in Texas. His
family moves to Texas. He's the number three start er in his
high school. He wasn't a guy, this is all before B rian
McNamee. What I'm going to run through real quickl y with
you here and then go on to some other points is, th is --
this case -- I want you to see what he accomplished before
he ever met Brian McNamee.
If you look at San Jac [sic] College here, you'll
see a sort of -- a very sort of stern looking man w ho's in a
Rice jacket, name's Wayne Graham. He'll testify th at Roger
Clemens was the hardest working athlete he ever saw .
When Roger Clemens graduated from high school, he
wasn't good enough to get a college scholarship, an d he got
on with the San Jacinto Junior College. So he goes to a
junior college to get play baseball, hoping that he 'll do
well enough to get the attention of a college.
High school teammates of Roger Clemens will say
his work habits were the most amazing they'd ever s een.
Wayne Graham will say he had the greatest work ethi c of any
athlete he ever met, and Wayne Graham is in his lat e
seventies now, and has been coaching for almost 50 years.
Never ever seen an athlete who made himself into so mething
the way Roger Clemens did.
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High school teammates will say that when they were
out doing things that other kids do at the age of s ixteen or
seventeen, they would see the ballpark lights on. And
they'd drive over there at 10:30 or 9:30 on a Frida y night
just to find out who in the world and what is someb ody
doing. Roger Clemens is over there with a plastic bag with
weights on his hands, weights on his ankles, and he is
running from foul pole to foul pole at 9:30 at seve nteen
years of age to make himself into the ballplayer he dreamed
of being. And he was so successful.
Oh, by the way, Wayne Graham will say that when he
was working on the mound and doing -- after everybo dy is
gone, he looked out in the outfield there, when thi s guy was
a kid, and he is going from foul -- he's figured ou t this
routine. Not Brian McNamee's routine. He's got go lf balls
here, he's a big guy, he's trying to get himself in shape,
and he wants to be able to move laterally back and forth, so
he has golf balls there. And he's running side to side to
side to side picking up golf balls, they're sweepin g them
down, sweeping them down, just like you do a ground er, just
like you move as a ballplayer.
That continues on, and he goes to the University
of Texas. At the University of Texas they do so we ll in his
junior year that they win the national championship , and
he's drafted in 1983. He's drafted at nineteen by the
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Boston Red Sox. He's with the Boston Red Sox from '83, he
plays in the minors only less than a year before 19 84, he
goes up to the big leagues.
For those of you who are not a baseball fan, it
may not seem much much. Just pick, the evidence wi ll be,
any profession you want to pick, pick it, and think of the
achievers in that profession. That's who this guy was, the
only thing he ever wanted to do was be a baseball p layer,
and be the best he could.
So at Boston, he takes the town by storm. He goes
up in '84 halfway through the season. In '85, he g ets a
shoulder injury and has surgery in August. So 1986 is the
first full season that he plays for the Boston Red Sox. He
has a season that anybody would just die for if you cared
about baseball.
In 1986, he wins the Cy Young award the first
time. It is the award given to the premier pitcher in all
of Major League Baseball for that year. He has an
unbelievable year, and he's twenty-four years old.
In 1987, he wins the Cy Young award again at
Boston. And then in 1991, he wins it again, three times.
In 1996, he gets to the year -- his statistics were n't as
good, his strike-out record and everything were inc redible.
He's now thirty-four years old. His contract expir ed. He
wants to go four more years in Boston and he's goin g to
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retire at thirty-eight or thirty-nine. The general manager
in Boston decides he's not giving any -- said I'm n ot giving
any thirty-four-year-old guy a four year contract. So Roger
Clemens, he's in the twilight of his career was the famous
quote in sports pages, and so Roger Clemens signs w ith
Toronto.
He goes to Toronto in 1997, a year before he meets
Brian McNamee. He wins the Cy Young award again fo r the
fourth time. Brian McNamee comes there in '98 as a strength
and conditioning coach. They say why this attracti on to
Brian McNamee? Two things. Brian McNamee was a go od
conditioning coach. But Roger Clemens already had his
routine. If he had retired in 1996 and never gone to
Toronto, he would have had one of the most incredib le
careers in the history of baseball already.
In 1997, he has this unbelieve year in Toronto
before he meets Brian McNamee, again wins the Cy Yo ung, four
of them.
In 1998, after he and Brian McNamee start working
out, the attraction to Brian McNamee to him was he is a
two-fer. For those of you who don't care about bas eball, he
doesn't just help work Roger out and drive him. A lot of
us, Mike Attanasio has a lot of self-driven discipl ine
himself about working out.
Others of us, it may be generational, we need
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somebody sometimes to help push us for the things w e already
know how to do and we do regularly,but we just aren 't quite
as intense about them as we would be necessarily. Or they
push us further, and that was part of it. That was one
thing of Brian McNamee. And he was good for that. You saw
a picture.
The second thing was he was a catcher. He played
as a catcher in college. And he knew how to catch, so Roger
could get somebody to help him work out and somebod y that he
could also pitch to. He didn't have to bring someb ody else
in during the off season. So they did have this
relationship.
Brian McNamee's version of the testimony's going
to be that sometime around June in 2008 -- in 2000 -- excuse
me. In 1998, Roger tells him he wants to use stero ids to
Prolong his career. Prolong his career? He just w on the Cy
Young the year before. He had an incredible year t he year
before. The evidence is going to be it's not true. It's
not true. But that's what Brian McNamee says.
And then Roger goes on. Now, I want to do if I
can, these blue marks here, look at these. This te lls you
what Roger Clemens's career, the only little telegr aphs, the
only time, these blue marks are the only time Brian McNamee
claims he gave Roger Clemens steroids in the entire 24-year
career, only these periods here.
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These are taken from Brian McNamee's previous
testimony that I would anticipate he'll say there o n the
stand, too. This little period in '98, then they w eren't
together in '99. Roger went to the Yankees and was pitching
there. Then according to Brian McNamee, he'll say that
Roger Clemens decided he wanted to use steroids in 2000 when
Brian McNamee came back to the Yankees. And so thi s little
period here, he says he gave them.
He'll say, if he's consistent with the past, he'll
say he always gave Roger steroids around August, Ju ly or
August each year when Roger was getting tired, and then
Roger would usually quit taking them in August.
And then he has the year 2001. The evidence will
be irrefutable, Brian McNamee has said in a bunch o f forums
he never gave Roger Clemens steroids after August o f 2001,
he never talked to Roger Clemens about steroids aft er 2001.
None of that happened, according to Brian McNamee.
After that, they stayed working together for
another six years, and according to Brian McNamee's past
testimony for always it will be, we never talked ab out it
again, I never gave them to him again.
So the evidence that you'll be asked to calculate
and look at is, what was Roger Clemens like before Brian
McNamee? What was Roger Clemens like after he met Brian
McNamee? And what was he like in his career after Brian
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McNamee says, I never gave him any steroids or HGH
afterwards?
Well, it's the same. His career stays the same.
In 2001, Roger Clemens is with the New York Yankees from
1999 to 2003. In 2004, he retires in 2003 from the Yankees,
his hometown talks him into coming out of retiremen t, and he
pitches in Houston for three years with his friend Andy
Pettitte.
In 2004, Roger Clemens wins his seventh Cy Young
award in Houston. Three years after Brian McNamee says is
the last time he ever gave or talked to Roger Cleme ns about
steroids.
From the beginning the question will be always,
from the evidence, if Roger Clemens supposedly took steroids
to prolong his career, why in the world would he st op the
last six years of that career? Because there will not be
one single evidence on God's green earth from anybo dy that
Roger Clemens ever took steroids or HGH after 2001. And
from 1998 to 2001, the only person that will say th at in the
evidence is Brian McNamee.
So who is Brian McNamee? Well, if I can have ten,
please. This is Brian McNamee now, and you saw him in the
first picture. This is Brian McNamee in his newfou nd
celebrity. This is Brian McNamee on the Howard Ste rn show.
He goes on the Howard Stern show about a year after his
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testimony before Congress loving, loving the celebr ity
nature he has now, in an interview that lasts quite a long
time in which he talks about looking for -- believi ng Roger
will end up in a yellow jump shirt.
MR. DURHAM: Objection to the hearsay, Your Honor.
MR. HARDIN: I believe Mr. McNamee is going to
have to testify he said that.
THE COURT: Approach.
[Bench conference.]
MR. DURHAM: The objection, Your Honor, is that
it's hearsay. It's on out-of-court statement by Mr . McNamee
presumably never used for impeachment, but certainl y is not
admissible within the context of an opening stateme nt.
MR. HARDIN: It's just not hearsay, it's not
offered for the truth of the matter, it's offered t o show
bias on the part of --
THE COURT: Overruled.
[Open court.]
THE COURT: The objection's overruled.
MR. HARDIN: In this long-ranging interview where
he laughs and giggles with Howard Stern, he talks a bout how
Roger Clemens is going to end up in a yellow jumpsu it. Only
Mr. McNamee will be able to tell us whether he was paid for
this appearance or not. But he's certainly enjoyin g the
celebrity nature.
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What else is he doing during that period of time?
Well, here he is with Mai Tran. And this is a woma n in the
company that he is -- and remember, the evidence is going to
be no one knew who Brian McNamee was before he made this big
splash with his allegations against Mr. Clemens. T his is
him appearing on You Tube. There will be interview s with
her interviewing him about his career and his ideas about
nutrition. Nobody cared about any of that until he made
these allegations about Roger Clemens.
He has been making money off of his celebrity
nature, culminating with the next one. What does h e do?
"Death, Taxes and MAC." Brian McNamee decides he'l l print a
book. That is -- there certainly would have been n o market
for this book before he made these allegations abou t Roger
Clemens. It hasn't been published yet. It was ann ounced in
the market, you'll find that it was going to be pub lished in
December of 2009, but the furor, I think, we'll be able to
find Mr. McNamee, the decision not to publish it as yet is
probably going to be based on waiting until this ca se was
over.
He talks in all in this book about Roger, he talks
about everything else. Is there any market for tha t book if
he hadn't made these allegations about Roger Clemen s? You
can judge for yourself. All of this has happened s ince he
sprung on the national scene making these allegatio ns.
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He was asked before Congress, and I anticipate Mr.
McNamee will acknowledge this in his testimony. He was
asked by a Congresswoman from North Carolina, "Mr. McNamee,
are you going to publish a -- write a book about yo ur
experience?
"No.
"Do you have any plans to write a book
about this?
"No."
Howard Stern: "Mr. McNamee, are you
going to write a book?
"I don't know."
That's like in March of 2009 as I recall.
December '09, this unpublished manuscript which is waiting
to be published.
Now, this guy the Government, I'm going to tell
you -- let me say this as nicely as I can. Much of what Mr.
Durham told you in a lot of different instances is half the
story. It's the story from the perspective of the
Government that they want you to look at and listen to. But
in many, many ways it is only half the story.
He put up a neat picture of materials that Mr.
McNamee produced as evidence against Mr. Clemens. Let me
show you what it looked like when it was delivered.
According to Mr. McNamee, in 2001 he started
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distrusting somehow Roger Clemens, and he decided t o start
collecting stuff. And so the very scientific way t hat he
did all of this and preserved it from 2001 until he produced
it in January of 2008 to his own lawyer is in this beer can
he says that he had a bunch of stuff, that he had n eedle and
gauze. The gauze they told you about that they had in these
three neat little packs were actually stuffed in th is can
and aren't on this picture. This is other trash he had
around in there that is supposedly going to tell ev erybody
about Roger.
This needle had some of Roger's DNA on it, but the
sample was so slight and so small that they won't t ell you
the percentage is as high as they usually do, but t hey'll
say they believe it -- believe it is Roger's DNA. And we're
not going to challenge that.
This that he says, has testified several times,
this gauze over here, he's testified several times had
Roger's DNA. Well, it does have DNA, but it turns out to be
Mr. McNamee's DNA.
By the way, he says all this stuff was kept in a
box in his basement of his house. And it moved fro m
different locations in the house. And it had other stuff in
there, the next picture, all of these actors and ev erything,
these are all -- these contain steroids and all. H e says he
gathered up that stuff. Well, look at these surfac es, and
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guess what? When the FBI is asked to check for fin gerprints
on all this stuff that he says he got from Roger Cl emens,
not one single fingerprint on that or anything else of Roger
Clemens.
Next, this is a picture of Mr. Richard Emery that
I assume will be a witness for the Government becau se
somebody's got to establish the chain of custody on all this
stuff. Because Mr. McNamee didn't take this stuff to the
Government, he took it to his lawyer, Mr. Emery, wh o was
shepherding him and helping him and representing hi m since
the Mitchell Report came out.
And this is the lawyer as he has a press
conference after the hearing showing the two photog raphs,
because those two photographs I showed you, those w ere not
law enforcement photographs, that was somebody work ing in
Mr. Emery's office photographs as they gathered and split up
this evidence as they thought it ought to be. Stil l no law
enforcement. And is this is the lawyer that has su ed Mr.
Clemens for a case presently pending in New York Co urt for
$10 million.
Mr. McNamee wants $10 million, get this, saying
that Roger Clemens owes him $10 million because Rog er
Clemens denied that he got illegal dope from McName e. In
other words, somebody is suing Mr. Clemens for $10 million
for claiming that he nor the sewer didn't commit a crime.
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Roger Clemens is saying, you didn't give me any
dope. I didn't take it. Mr. McNamee says, yes, I did. I'm
a dope dealer, and because you say I'm not a dope d ealer to
you, I'm suing for $10 million. That's who these - -
Next picture, please.
Now, this is after law enforcement gets it. This
is a picture taken after Mr. Novitzky lays out, and these
things in this picture are the different things tha t were in
the can. They open up the beer can and they spread it out.
This needle had two steroids -- two different types of
steroids in it. This was in blue.
Over here, these needles, none of these have Mr.
Clemens's DNA or have any connection to Mr. Clemens . Two of
these, I'm not sure which, is the same ones that th ey showed
you, have Mr. Clemens's DNA and steroids on there. And
here's something that the evidence will make irrefu tably
clear. It is not clear to use whether they are goi ng to
call the expert that they retained to Mr. Catlin.
Mr. Catlin because if they don't, we are. Because Mr.
Catlin just a month or two ago tells the Government , yeah,
it wouldn't be hard to have B-12 in a needle --
MR. DURHAM: I want to object. May we approach?
[Bench conference.]
MS. SALESKI: Your Honor, what Mr. Hardin is about
to say is a hearsay statement, what Dr. Catlin told the
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Government is a hearsay statement. If Mr. Hardin w ould like
to say that we expect to call this witness and he w ill
testify as follows, that's fine.
MR. HARDIN: I expect to say that.
[Open court.]
MR. HARDIN: I expect Mr. Catlin to say that it
would be very easy to take a needle that had B-12 i n it and
get the B-12 out of the needle and put it the stero id. And
scientific tests would not find the B-12. And that is the
Government's expert.
And he will say further, I would anticipate,
because we will call him if they don't, he will say further
it wouldn't require any high level of sophisticatio n to be
able to manipulate the evidence that way.
And the evidence is always going to be from our
side of this courtroom that what this man did, Mr. McNamee,
is manipulate that evidence. And we'll show you ho w it
could be done through the expert into which you can very
easily take the needle and create somebody's DNA th at you
have on a gauze from blood for any kind of needle a nd mix
them together as to whether that person's DNA and t he
steroid would be together without the needle ever h aving
been injected into that person. Simple, simple, si mple, the
evidence will be. And we contend that's what happe ned.
So, Mr. McNamee has this evidence. He has it in
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his basement or his house, his basement, he wasn't living
there consecutively.
Now, what I want to do with you is, I want to talk
about this half story for a minute. Because I want to talk
to you about and ask you as the jury to keep -- I c ertainly
endorse what Mr. Durham said. And that is, is that keep an
open mind.
Let's do first what the case we thought was about.
Let's do number 17, please.
This is what the case should be about. Act number
one. Now, Mr. Durham toward the end of his opening
statement talked to you about things that he hopes you will
do and your common sense and your burden and everyt hing. I
want you to understand what's happened with this in dictment
and what evidence is supposed to be directed at.
Their first charge is obstruction of Congress.
And they allege 15 different ways they say he obstr ucted.
Only four of those ways we contend have anything to do with
what this case should be about.
Act one, "Have you ever used human
growth hormone?
"Never."
Act four, "Let me be clear, I have never
taken HGH."
Act five, "I never used steroids, never
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performance-enhancing steroids."
Number six, "Let me be clear, I have
never taken steroids."
That's what this case is supposed to be about.
And if you believe from the evidence beyond a reaso nable
doubt that he intentionally lied, knowing it was a lie at
the time he said that about these matters, and that he did
it with the intent to mislead Congress in a lawful discharge
of their responsibilities and obligations, then you 're
supposed to vote guilty.
But here's what the Government, I suggest to you,
is really trying to create here. Look at the rest of the
obstructive acts. And here's what I want to talk t o you
about as far as keeping your eye on the ball.
Mr. Durham told you that they are entitled to
conviction if they convince you unanimously beyond a
reasonable doubt of any one of these obstructive ac ts. So
look at the kind of things that they want you to de cide.
"Did you ever speak with Mr. McNamee
about growth hormone?
"I have not."
That's an obstructive act, they say.
"And did you on your own do any research
about human growth hormone?
"No, I haven't, I've researched it. I
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couldn't tell you the first thing about it."
What in the world does that have to do with
anything? We should be back at those four. But ha ving said
that, let's go to the half whorl. Go down to act 1 5,
please.
All right. This is a -- "And couldn't
you have been at José Canseco's house during
the time period of June 8th to 10th, 1998?"
Remember the Government showed you a picture of
the boy and Roger Clemens in the pool? I'm not sur e it was
clear why they think that's significant. But here is the
premier example of half the story. Here's number 1 5 if will
you put it up in 19, please.
Government's alleged act of obstruction number 15.
Take this as an example.
"Question: And could you have been at
José Canseco's house during this time period,
June 8th, 10th, 1998?
"No."
Now, what does that have to do with anything?
Well, let's now look at what the full exchange befo re the
Congressional questioner was. And, in fact, it's g oing to
be Mr. Barnett.
[Videotape played.]
MR. HARDIN: I want y'all to listen to Mr.
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Clemens's voice. One of the advantages here, in th e
deposition we also have the audio, you know, we're going to
have the TV thing that the Government wants to play excerpts
from his testimony live in front of Congress, but i n the
week before in his deposition, there was an audio t aken for
the court reporter just like this.
And so what we asked for was the audio so you can
listen to Mr. Clemens's voice as he answers these q uestions,
which will be true for anything said in the deposit ion. And
what we've done here is we've put together the audi o with
just like when you're looking on the airlines when you're
listening to the reporter to see what happened that we put
below the writing. So now let's do that, please.
[Audio played.]
MR. HARDIN: Stop. Thank you.
Now, what I want you to look at, the exchange is,
it is only after what you just heard where Roger Cl emens was
telling them, "I could have been by there after a g olf
outing, but I wasn't at the party."
What the significance of the party is as far as
the Government is concerned is you'll find out from Mr.
McNamee that supposedly at this party on June 9th o f 1998,
José has a party, he's a teammate of Mr. Rogers [si c]. José
Canseco is a notorious user of steroids by his own
admission, he's written books about it and everythi ng. And
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so the Government wanted to tie Roger Clemens to
Mr. Canseco.
And McNamee contended that at this party he saw
Roger Clemens, José and some other mysterious guy i s what's
in the Mitchell Report, talking, and then -- then M r.
McNamee is going to say it's several days after tha t meeting
that Roger comes to me for the first time about ste roid.
And so Mr. McNamee in his previous testimony, I don 't know
what he's going to say now, has always tried to tie those
events together.
So the Government wanted to show that Roger
Clemens, José Canseco and another man met at this p ool party
given for the Toronto Bluejays. And the picture of the
young boy we were shown a minute [sic], according t o the
Government, were supposedly taken to show that Roge r was at
the party.
Roger Clemens has always testified, "I played golf
that morning. I wasn't at the party. I may have c ome by
after the team left on its bus, but I wasn't at any party
there." And that's what he's saying in this exchan ge.
And as you can clearly hear what we're playing,
before he says he was never at José Canseco's house between
the 8th and the 10th, he had earlier in the same ex change
said, "I might have gone by there then, but only af ter I
played golf."
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The significance is, without telling you too much
about this, the evidence is going to be is, the bus taking
the players back for the game that night to the sta dium left
at two. Mr. McNamee's always testified he left on that
two o'clock bus.
So if the conversation take places after
two o'clock, Mr. McNamee could not have seen what h e first
told the Mitchell Commission and then Congress he s aw. So
what is the half story? Well, the half story is th at Roger
Clemens, we produced to them, and you will hear abo ut,
whether you hear or not, a baseball broadcast that day in
which two baseball announcers are going to come in and
say --
MR. DURHAM: Objection, Your Honor's, this is
hearsay.
THE COURT: Approach.
[Bench conference.]
MS. SALESKI: Your Honor, this is exactly what the
Court said Mr. Hardin couldn't do with respect to t hese
baseball announcers. He can't talk about their out -of-court
statements.
MR. HARDIN: I said they're going to come in and
testify, I was stopped. I think if you go back to the
record, I say these two baseball announcers are goi ng to
come in and testify to that, and that's when I was stopped.
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And they are.
THE COURT: But you can't say what they said
during the broadcast, though, can they?
MR. HARDIN: Probably not, but they can say what
they saw, and this is what I was about to say.
MS. SALESKI: Your Honor, Mr. Hardin keeps
referring to Brian McNamee's prior testimony, and t hat's
also the subject of the Court's earlier ruling that Mr.
Hardin is perfectly able to say that he expects wit nesses to
testify a certain way. But he's not supposed to re fer to
prior testimony because those are out-of-court stat ements.
THE COURT: Any response?
MR. HARDIN: I think it's the distinction without
a difference. I'm trying to say is this is what I expect
the testimony to be. If he testifies the way he te stified
before, he will say X. If he testifies differently , I --
THE COURT: Phrase it that way.
MR. HARDIN: Thank you.
[Open court.]
THE COURT: I'll sustain the objection to the last
statement regarding these announcers. Rephrase the
statement.
MR. HARDIN: These announcers were announcing a
baseball game, and they will come in and tell you t hat one
of them played golf that day, the day at issue, Jun e 9th,
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1998, and they saw Roger Clemens playing golf that day at
the golf course during the time that the party was going on.
And during the party Roger Clemens -- let me back
up. So that's what Roger Clemens's evidence will b e, says
in this exchange to Congress. "I might have been b y there
after the party, but I wasn't at the party, I playe d golf
that day."
So then you have this picture that the Government
has broadcast. And the evidence will be from the
Government's own witnesses, this picture doesn't sh ow any of
the ballplayers. It doesn't show anybody at the pa rty. The
Government's represented that this young man may co me in as
a live witness and say, I was at -- I was at the pa rty that
day, and Roger Clemens came by.
So the Government decides, hey, if the key time is
two o'clock and Brian McNamee is gone after two o'c lock,
let's see if we can look at some digital enhancemen t and see
when this picture was taken. It's a pretty wonderf ul world
out there now, maybe we can find out exactly what t ime of
day this picture was made.
So they go to their digital people in March of
this year to see if they can narrow it down. And t hey do.
And guess what they find out? Their own experts ar e going
to testify or we'll call them if they don't, it loo ks like
this picture was made sometime shortly before or af ter three
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o'clock. By the way, they do shadows and everythin g.
That's half a story. That's half a story that
they told you. And the other half clearly shows it 's insane
for this kind of thing to be in there.
Let me tell you what one of the -- the evidence is
going to show. One of the most glaring issues to b e
resolved all along has been the one I mentioned to you
before. If Roger Clemens truly took steroids and H GH from
Brian McNamee, where's the evidence that he did it after
2001 when you would think there would be an even bi gger need
for it if it was to prolong his career?
You're going to see from this evidence that there
are several things totally inconsistent with what y ou would
expect of steroid use. Number one is Roger Clemens didn't
improve his career. He didn't change his performan ce. He
didn't go from hitting 20 home runs to hitting 50 h ome runs.
He maintained his performance consistently for 24 y ears, so
that he wins a Cy Young, his first Cy Young award i s in
1986, and his seventh Cy Young award is in 2004.
Neither one of those are doing a period where
Brian McNamee had anything to do according to Brian McNamee
with giving him steroids or anything else. So how is it
that he's able to perform those last six years the way he
did without steroids or HGH? So the evidence will be, a
like bulb goes off for the Government, we've got to find
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corroboration for Brian McNamee.
Because otherwise how do we explain this? Because
one other thing I didn't mention. Baseball started testing
anonymously first in 2003 for these drugs. They we ren't
testing before. And then consecutively from 2004 o n. The
evidence is going to be that Roger Clemens tested n egative
for steroids in May of 2003 the first time it was d one and
from then on.
So now you hear the Government contending he used
steroids, but from the time testing began in 2003 f orward,
Roger Clemens always tested negative. So you have a guy who
tested negative whose body doesn't show any of the outward
signs of using steroids, whose medical records show no signs
of somebody having used steroids, who nobody conten ds used
steroids except Brian McNamee. So what we better d o is, we
better find some corroboration.
So what do we do? Exhibit 24.
Now, let's look at this. This is the use of
Government attempts to find corroboration for what Brian
McNamee says. These are interviews conducted eithe r by
phone or in person all over the country and some ph one calls
outside the country. This is the use of resources and
interviews they did.
And keep in mind, I'm not talking about this point
of waste of government resources, that's not my iss ue. My
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issue is this: These are the resources they employ ed, these
people, to show that this guy was using steroids af ter 2001.
And not one single piece of evidence was developed
from that that would indicate anything other than w hat Brian
McNamee said. A hundred and eighty-seven witnesses ,
individuals interviewed, 268 interview reports writ ten up
meaning some people were talked to two and three ti mes.
Seventy-nine interview locations. One hundred and three,
103 federal law enforcement officers over whether a baseball
played used steroids.
Eight Assistant U.S. Attorneys have touched this
file. What's the basis of that, Mr. Hardin? The b asis is
the Government has been turned over in a salutary w ay all
their interviews. Those figures are based on the r eports
and notes of FBI agents and others provided to us b y the
Government.
And my point about this is, this was done seeking
to answer that common sense question if a man takes an
illegal substance totally contrary to his entire
professional career to prolong that career, there m ust be --
there must be somebody out there that will say, I s aw him I,
I sold it to him, I gave it to him, I was with him when he
used it. So let's go find him. And in spite of th is kind
of effort, they do not turn up one single thing. T hat's
half the story.
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Another half of the story. I made some notes
here. And I'll see if I can go through these real quickly.
They talked to you about the Radomski mailing stero ids to
Mr. Clemens' house; right? Do you remember that? Wow. I
mean, you know, we're sitting over there, we see a couple
jurors, their eyes perked up. But what they didn't tell you
was it was addressed to Brian McNamee, it wasn't ad dressed
to Roger Clemens. That's half the story.
They didn't tell you that Brian McNamee one time
ordered HGH, and because he was staying at Roger's and
worked out there and came back and forth sometimes, he had
it mailed to him there, that's all.
Mr. Radomski, if he testifies the way he's always
testified before, will say Brian McNamee never told him one
single time that he was providing steroids or HGH t o Roger
Clemens.
And by the way, the HGH that they say that
Mr. Radomski is going to say was in 2003 mailed to Roger
Clemens' house, do you remember Brian McNamee's tes timony?
His testimony is, is that he never -- he never -- h e only
gave Roger HGH. If he testifies the way he's alway s said
before and testified previously, he will say I only gave
Roger HGH in the year 2000. That's half the story. They
should have told you. Brian McNamee has said he on ly gave
Roger HGH in 2000.
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So Radomski is mailing HGH to Brian McNamee at
Roger Clemens' house in 2003, wouldn't the other ha lf of the
story be must be for somebody else? Maybe for Bria n
McNamee? Whose DNA was found on samples he kept an d the
gauze? Brian McNamee's. Half the story.
He says Roger -- Mr. Durham said Roger had made up
this story of getting shots in spite, yeah. They'v e always
had this fixation, the evidence will be, about B-12 shots,
that somehow that's a false story.
The evidence is going to be, the other half of
this story is, there are going to be people taking the
strand that say, whether they call them or we call them,
that B-12 shots were regularly given to ball player s on
three of these four teams. That the Astros doctors and
others didn't believe B-12 shots did that much good .
But there will be ballplayers, and interestingly
some of them will, there will be ballplayers who wi ll say,
now, we got B-12 shots for the Red Sox. We got B-1 2 shots
for the Yankees. And yes, can managers legally do it -- I
mean, trainers? Maybe not, but they did. There wi ll be
people who saw or got trainers -- got B-12 shots fr om
trainers.
So the half of the story is Mr. Durham's suggested
to you that nobody legally could do it. Okay. Do we really
believe that trainers wouldn't periodically give a shot
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harmless like B-12 to ball players? Well, whether we
believe it not doesn't matter. There's going to be
testimony that they did. So it's half the story to suggest
they weren't authorized to. The first story that t hey
aren't authorized to do it, but they did it.
Let me -- I'm going to look for the note I have
that tells me -- it's really kind of interesting. We went
back and looked down, you remember that story about Brian
Cashman -- I'm looking for a note I had here. And while
I --
By the way, I'm not acting Columbo, I am Columbo,
okay. When you see me fishing around for this or y ou see me
stumble or so, that is not an act. And I'm countin g on
y'all forgiving me.
What I'm looking for is a note we made here that
somehow I have misplaced -- oh, what I liked about it so
much was he talks about -- Mike is writing is down again.
You remember that scene where Roger is supposed to be so
dejected and he's sitting there, and it's a series, I think,
in the playoffs in '99. Okay. The year McNamee an d Roger
are not together because McNamee is still in Toront o,
Roger's gone to the Yankee.
Mr. Durham talks about this -- this dejected down
guy got bombed. Okay. Got bombed in this game, an d I've
got to have McNamee.
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Well, he didn't tell you the other half of the
story. Roger Clemens the next game has a heck of a game.
And then -- thank you, Mike. Mike is the one who m entioned
it to me. All right.
Roger has such a great game, he has -- he has a
bad game against Boston, and then, maybe some of yo u, none
of you are baseball fans, I think very few of you a re, maybe
two or three. The Yankees win the World Series, an d guess
who pitched the winning game in 1999 and had a grea t game?
Roger Clemens.
During this time that he is supposedly so dejected
in the playoff series that he's got to have McNamee . It's
the half story. It's the thing that they want to y ou listen
to. These people, I have no doubt, in good faith b elieve in
what they're doing. But the evidence is going to b e that
they are so tragically wrong.
But what they and Congress and Mitchell have done
is they have taken one perspective and they fit eve rything
into it. And all Roger Clemens has done throughout is say I
didn't do it.
They talked about the physical evidence. Yeah,
one thing, a half story. Mr. Durham says, well, wh y would
you say you took lidocaine and B-12 if -- I know wh y you
would, says Mr. Durham. You might make that story up if
what you want to do was have some explanation for a ll this
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garbage. For all this garbage that Mr. McNamee col lected.
Well, the problem with that is, at the time Roger
is telling everybody in the world he didn't do it, and he's
telling Mike Wallace on "60 Minutes" in early Janua ry of
2008 that Brian McNamee gave him lidocaine and B-12 shots,
but he never ever gave him HGH or steroids. At the time
Roger is saying that, it is before McNamee has gone to his
lawyer and said, look what I have. I've been savin g it in
my basement for seven years.
By the way, I didn't mention, you're going to find
out from the expects that all of this stuff when it 's done,
it is mixed with ampules that could have poured ste roids out
of them because the caps are missing. It is the mo st mixed
up hodgepodge of garbage you could ever imagine.
There will be an expert who will testify it is
ludicrous, ludicrous to ever try to suggest this is evidence
of anything in a criminal case. And Brian McNamee, Roger
Clemens, rather, didn't even know that half that st uff had
been collected at the time he first starts talking about
lidocaine. Half a story.
The Pettitte conversation real quickly, and I'm
about through. Another half story. They make it s ound as
if Roger Clemens has claimed that he never had a
conversation with Andy Pettitte in the 2005, 2006 p eriod
about whether or not Andy had heard Roger say he us ed --
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that Roger used HGH. The half of the story is, fol ks, Roger
Clemens has never denied they had a conversation li ke that.
His memory has always been that the conversation oc curred in
November of 2006 after a mistaken LA Times story came out
about them. And that that's when Andy -- about it. It's
half a story.
Roger Clemens has never said that conversation
didn't take place. He's always said my memory is i t didn't
occur after the 2005 hearings, it came out after th e 2006 LA
Times article. But Roger's always agreed with the gist of
the conversation that Andy's talked about. He's ne ver
called Andy a liar or saying Andy's doing anything like
that.
And while I'm at it. If we talk about -- we're
not going to talk bad about anybody except Brian Mc Namee.
And you decide from the evidence whether we're righ t about
that. We're not going to talk about George Mitchel l. In
fact, Roger Clemens, when he testified before Congr ess, made
it clear that he was not criticizing George Mitchel l, he was
only criticizing the things the Mitchell Report had based on
what Brian McNamee said. And you will find that th e
Mitchell Report came out based solely on what Brian McNamee
said.
And finally, in the Brian McNamee matter, and
those of you who have been kind of enough to only s ubtlety
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look at your watch and the clock, okay, I am almost through.
And I will tell you this. Be careful of a lawyer t hat says
he's almost through. But I promise you I am almost through.
What I want y'all to keep in mind when you watch
this evidence is his career never changed. It was what it
was before Brian McNamee. It was what it was durin g Brian
McNamee. It was what it was after Brian McNamee.
You cannot go anywhere with the Government's case
unless you believe beyond a reasonable doubt Brian McNamee.
They can talk about corroboration until the cows co me home.
But there is not going to be any real corroboration of Brian
McNamee.
And you will look to motive. The evidence will
talk to you about motive. The evidence will talk t o you
about believability, and you will find from the evi dence
that as to these matters Brian McNamee has lied to first the
Government agents, starting in June of '07. He's l ied to
the Mitchell Commission. He's lied to these prosec utors.
You will find out, for instance, by his own
admission he lied to law enforcement in 2001 involv ed during
a criminal investigation of him in Florida.
You will find that he told the Mitchell Commission
repeatedly in three or four interviews, he told the agents
that started the case in two interviews, I have no physical
evidence to support anything I'm saying.
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He was repeatedly asked. And then in January of
2008, before the hearings, he comes to his lawyer w ith this
stuff, this garbage.
You will find that every step of the way they or
their representative have had to keep going back to Brian
McNamee and say you're not telling us everything. Or this
is a lie. How do you explain this? You'll hear wh at his
convoluted explanation was as to how his DNA ends u p on that
evidence, and then you decide whether it makes any sense.
But this lawyer who is finishing up now begs you,
absolutely begs you to watch the evidence and see i f, in
fact, this case all along has only been about one m an's
insistence on trying to clear his name. Against al l odds,
against all public view. Everything Roger Clemens has done,
the evidence will show, is a thousand times more co nsistent
with not having done it than it is.
What lies the evidence will scream out would go to
Congress and lie under oath knowing what the conseq uences
could be if he hadn't done it?
If he did it, you say he did it. Andy Pettitte
will come in and tell you he did it and he admitted it.
That was always the evidence is going to be shown. The only
reasonable logical thing for any intelligent person to do.
But God help me if we have reached the stage in
this country where we're going to make a federal ca se out of
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denying you committed a crime. Congress knew he wa s going
to deny it. They called him up anyway. He knew th e result,
what could happen, he said it any way. What man ex cept a
crazy man does that?
I shuddered a little bit when Mr. Durham said they
didn't ask for this. He was down there retired. H e said to
you, but he came to our city. And he lied to our C ongress.
Let me tell you something, it is not Mr. Durham's C ongress.
It's all of our Congress. And our Government shoul d never
punish someone for trying to clear his name and our
Government should never ever prosecute somebody for saying I
did not do it.
Hopefully we start prosecuting people for what
they did. We're from Texas. You're from different parts of
the country, many of you from here. I am totally
comfortable that you folks will remember it's all o f our
country. And he has a right to his name, and he ha s a right
to be listened to, and he has a right to be allowed to deny
allegations that ruin his reputation he spent a car eer
building.
This is the first time anybody on Roger Clemens's
behalf will have a chance to challenge the allegati ons. It
probably comes as no great surprise, but we will no t be shy
in doing so.
Thank you very much.
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[Thereupon, other matters were reported,
but not transcribed herein.]
CERTIFICATE
I, Cathryn J. Jones, an Official Court Reporter
for the United States District Court of the Distric t of
Columbia, do hereby certify that I reported, by mac hine
shorthand, the excerpt of proceedings had and testi mony
adduced in the above case.
I further certify that the foregoing 51 pages
constitute the official transcript of said proceedi ngs as
transcribed from my machine shorthand notes.
In witness whereof, I have hereto subscribed my
name, this the 25th day of April, 2012.
/s/ _____________________________ Cathryn J. Jones, RPR Official Court Reporter
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$$10 [5] 28/20 28/21 28/22 28/24 29/4$10 million [5] 28/20 28/21 28/22 28/24 29/4
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aggressiveness [1] 4/14aging [1] 15/7ago [1] 29/20agreed [1] 47/10aided [1] 2/15airlines [1] 34/11all [39] 4/11 4/16 4/17 5/9 5/10 7/23 9/24 12/12 12/25 13/20 15/3 16/10 16/20 17/5 19/17 25/21 25/24 27/3 27/20 27/23 27/24 27/24 28/2 28/7 33/6 39/7 40/21 41/13 42/12 45/4 45/19 45/25 46/1 46/11 49/12 49/13 49/14 50/9 50/16allegation [1] 5/3allegations [13] 5/17 8/12 8/16 8/19 14/22 15/4 25/5 25/9 25/14 25/23 25/25 50/19 50/22allege [1] 31/17alleged [1] 33/14allowed [1] 50/18almost [4] 17/23 48/1 48/3 48/3along [2] 39/7 49/12already [4] 5/6 20/12 20/15 21/1also [4] 2/2 21/10 34/2 37/8always [18] 5/9 11/8 11/23 22/10 22/20 23/13 30/15 35/9 35/17 36/4 40/11 42/13 42/21 43/7 47/3 47/8 47/10 49/22am [4] 44/11 48/1 48/3 50/15amazing [1] 17/20AMERICA [1] 1/3ampules [1] 46/12anathema [1] 8/17Andy [14] 16/4 16/4 16/5 16/9 16/13 16/16 16/19 16/22 23/7 46/24 46/25 47/5 47/12 49/20Andy's [2] 47/11 47/12ankles [1] 18/7announced [1] 25/15announcers [5] 36/12 36/20 36/24 37/21 37/23announces [1] 8/9announcing [1] 37/23anonymously [1] 40/4another [5] 11/17 22/19 35/12 42/1 46/22answer [2] 7/17 41/18answers [1] 34/8anticipate [3] 22/2 26/1 30/11any [29] 4/10 14/9 14/24 16/1 16/2 16/3 16/15 17/21 19/6 20/2 20/3 23/1 25/8 25/22 26/7 29/1 29/13 30/13 30/20 32/17 32/23 35/19 37/12 38/10 40/12 48/11 49/9 49/23 50/3anybody [8] 7/15 8/12 15/14 19/14 23/17 38/11 47/15 50/21anything [14] 5/13 11/24 16/12 28/3 31/18 33/3 33/20 34/9 39/21 39/22 41/4 46/17 47/12 48/25anyway [1] 50/2anywhere [1] 48/8apparently [1] 5/8appear [1] 7/17appearance [1] 24/24APPEARANCES [2] 1/12 2/1appeared [3] 11/5 12/6 12/24appearing [2] 2/2 25/6appreciate [1] 4/11approach [4] 13/10 24/8 29/22 36/16April [2] 1/6 51/13are [36] 5/19 5/25 8/25 11/14 13/8 15/2 15/10 15/19 16/14 16/15 19/4 21/23 22/1 26/4 26/10 27/24 29/8 29/17 29/19 32/15 36/12 36/24 37/1 37/11 38/23 39/13 39/20 40/20 41/1 41/14 43/11 44/21 45/7 45/7 45/16 46/13
Aarea [1] 15/9aren't [3] 21/2 27/8 44/5argument [2] 4/18 7/7around [6] 4/8 11/19 21/14 22/10 27/9 44/12article [1] 47/10as [50] 4/7 4/15 4/22 5/3 5/4 5/23 5/25 6/11 7/1 7/5 8/5 8/5 9/18 14/1 14/1 16/17 16/17 16/20 18/21 19/22 20/9 21/3 21/3 21/8 25/18 26/13 26/17 26/17 26/23 27/13 27/13 28/12 28/16 28/17 30/3 30/21 31/5 32/14 32/14 33/15 34/8 34/20 34/20 35/21 38/12 46/22 48/16 49/8 50/23 51/10ask [3] 5/24 31/5 50/6asked [7] 9/1 22/22 26/1 26/3 28/1 34/7 49/1Assistant [1] 41/11ASSOCIATES [1] 1/18assume [1] 28/6assumptions [1] 10/13Astros [1] 43/14athlete [3] 17/13 17/22 17/24athletes [1] 6/12atmosphere [1] 12/24Attanasio [3] 1/20 16/10 20/23attempts [1] 40/19attention [2] 4/12 17/18ATTORNEY'S [2] 1/15 5/18Attorneys [1] 41/11attraction [2] 20/10 20/20audio [5] 34/2 34/5 34/7 34/10 34/14August [5] 19/12 22/10 22/11 22/12 22/15AUSA [4] 1/13 1/13 1/14 1/14authorized [2] 44/4 44/5Avenue [1] 2/7avoid [1] 10/8award [9] 7/25 8/1 19/16 19/17 19/20 20/8 23/10 39/18 39/19away [2] 13/6 13/16
BB-12 [13] 29/21 30/7 30/8 30/9 43/8 43/13 43/15 43/18 43/18 43/21 44/1 45/23 46/5back [15] 5/9 5/23 7/20 8/7 13/5 16/7 18/17 22/7 33/3 36/3 36/23 38/3 42/11 44/8 49/5backed [2] 13/5 13/16bad [4] 16/13 16/23 45/6 47/15bag [1] 18/6ball [4] 15/8 32/14 43/13 44/1ballpark [1] 18/3ballplayer [2] 18/9 18/21ballplayers [3] 38/11 43/16 43/17balls [3] 18/15 18/18 18/19ballyhooed [1] 6/12Barnett [3] 9/16 9/25 33/23baseball [25] 6/14 6/15 6/18 7/1 7/23 7/24 7/25 7/25 8/5 8/15 17/17 19/4 19/8 19/15 19/18 20/15 20/21 36/11 36/12 36/20 36/24 37/24 40/3 41/9 45/7based [4] 25/19 41/14 47/20 47/22basement [4] 27/21 31/1 31/1 46/9basically [1] 11/19basis [2] 41/12 41/12be [102] because [27] 5/1 5/9 5/17 6/7 7/6 7/22 8/7 11/19 13/8 15/9 16/15 23/16 28/6 28/8 28/14 28/22 29/3 29/19 29/19 30/12 31/4 37/11 40/2 40/2 42/10 44/21 46/13
bed [1] 9/5been [20] 8/15 10/18 10/19 16/14 17/23 25/10 25/13 25/15 30/23 33/7 33/16 34/18 38/5 39/7 41/13 46/8 46/19 47/3 47/25 49/12beer [2] 27/4 29/9before [46] 1/10 4/22 4/24 6/4 7/12 7/24 8/24 9/11 9/19 10/1 10/14 11/4 12/7 12/8 12/20 12/24 13/12 13/18 14/3 14/6 14/24 17/5 17/8 19/2 20/7 20/17 21/17 21/18 22/23 24/1 25/4 25/14 26/1 33/21 34/5 35/22 37/16 38/25 39/8 40/5 42/14 42/22 46/7 47/18 48/6 49/2began [1] 40/10beginning [1] 23/13begs [2] 49/10 49/11behalf [3] 3/5 4/3 50/22being [5] 11/10 11/11 11/11 12/16 18/10believability [1] 48/15believe [11] 16/16 16/23 24/6 27/14 27/14 32/5 43/15 43/25 44/2 45/14 48/9believes [3] 16/7 16/17 16/24believing [1] 24/3below [1] 34/13Bench [4] 13/11 24/9 29/23 36/17best [1] 19/9betrayal [1] 4/16better [2] 40/15 40/16between [1] 35/22beyond [3] 32/5 32/16 48/9bias [1] 24/16big [4] 14/23 18/16 19/3 25/4bigger [3] 13/7 15/1 39/10bit [1] 50/5blood [1] 30/20blow [1] 7/16blue [4] 12/8 21/21 21/23 29/11Bluejays [1] 35/13body [7] 14/5 14/23 14/24 14/25 15/6 15/12 40/12bombed [2] 44/24 44/24book [7] 25/13 25/14 25/21 25/22 26/4 26/7 26/11books [2] 4/6 34/25born [2] 11/16 17/3Boston [10] 15/12 15/13 19/1 19/1 19/10 19/13 19/21 19/25 20/2 45/6box [1] 27/21boy [3] 8/4 33/10 35/14breath [1] 11/13Brian [70] bring [1] 21/10broadcast [4] 5/6 36/11 37/3 38/9brought [2] 5/21 12/16building [2] 2/3 50/20bulb [1] 39/25bulk [3] 13/23 13/25 14/12bulked [2] 13/6 14/19bulking [1] 14/11bunch [3] 5/8 22/14 27/5burden [1] 31/13bus [3] 35/19 36/2 36/5business [1] 12/14Butler [1] 1/13
Ccalculate [1] 22/22California [1] 1/22call [9] 5/7 9/17 9/21 29/18 30/2 30/12 38/24 43/12 43/12called [5] 6/17 6/20 7/22 47/12 50/2calls [1] 40/21came [10] 6/23 14/22 22/7 28/11 38/14 42/11 47/4 47/9 47/22 50/7cameras [1] 12/11
can [22] 10/1 10/8 16/24 21/21 23/21 25/24 26/17 27/4 27/7 29/9 29/9 30/18 34/7 35/21 37/3 37/4 38/17 38/19 38/22 42/2 43/19 48/10can't [3] 11/24 36/20 37/2Cannon [1] 2/3cannot [1] 48/8Canseco [3] 34/24 35/2 35/12Canseco's [3] 33/7 33/17 35/22caps [1] 46/13care [1] 20/21cared [3] 12/15 19/14 25/8career [22] 8/14 12/18 12/20 13/3 17/1 17/2 20/4 21/16 21/16 21/22 21/25 22/25 23/3 23/15 23/16 25/7 39/11 39/15 41/20 41/20 48/5 50/19careers [1] 20/15careful [1] 48/2Carolina [1] 26/3case [17] 13/17 14/10 16/2 16/15 17/8 25/19 28/19 31/8 31/10 31/19 32/4 46/17 48/8 48/24 49/12 49/25 51/8Cashman [1] 44/9casual [1] 16/8catch [1] 21/8catcher [2] 21/7 21/8Cathryn [3] 2/5 51/4 51/18Catlin [5] 29/18 29/19 29/20 29/25 30/6celebrity [4] 23/24 24/1 24/25 25/10certain [1] 37/10certainly [5] 14/3 24/12 24/24 25/13 31/5CERTIFICATE [1] 51/3certify [2] 51/6 51/9chain [1] 28/7challenge [2] 27/15 50/22championship [1] 18/24chance [1] 50/22change [2] 15/7 39/15changed [5] 14/5 14/20 14/23 15/12 48/5changes [1] 15/1changing [2] 15/1 15/8characteristics [2] 15/3 15/14charge [1] 31/16charged [1] 9/13cheap [1] 8/17cheated [1] 8/20check [1] 28/1child [1] 11/17children [1] 11/17choices [1] 10/6chosen [1] 5/19chronologically [1] 5/23city [1] 50/7claimed [1] 46/23claiming [1] 28/25claims [1] 21/24clear [9] 14/17 29/17 29/17 31/23 32/2 33/11 47/19 49/13 50/10cleared [1] 13/12clearly [4] 14/7 15/6 35/21 39/3CLEMENS [89] Clemens' [4] 6/4 42/4 42/19 43/2Clemens's [12] 6/5 7/3 12/18 14/5 14/23 21/22 29/13 29/15 34/1 34/8 38/4 50/21clock [1] 48/1closely [1] 4/11clothes [1] 4/9coach [2] 20/10 20/12coaching [1] 17/23collected [2] 46/1 46/19collecting [1] 27/2college [6] 17/10 17/15 17/16 17/17 17/18 21/8
CCOLUMBIA [2] 1/2 51/6Columbo [2] 44/11 44/11come [14] 7/4 9/3 9/9 9/23 10/1 10/12 35/18 36/12 36/22 36/25 37/24 38/12 48/10 49/21comes [8] 7/12 7/13 7/20 8/7 20/9 35/7 49/2 50/23comfortable [1] 50/16coming [2] 5/9 23/6Commission [7] 6/6 6/8 6/10 7/11 36/8 48/18 48/22commit [1] 28/25committed [2] 5/21 50/1committee [2] 8/25 9/1common [3] 15/2 31/13 41/18company [1] 25/3company's [1] 12/9computer [1] 2/15computer-aided [1] 2/15concerned [1] 34/21conditioning [2] 20/10 20/12conducted [1] 40/20conference [6] 9/7 13/11 24/9 28/13 29/23 36/17Congress [32] 4/22 5/18 5/22 6/11 6/16 7/9 8/25 9/19 9/20 10/1 10/5 10/7 10/14 11/3 11/12 12/25 14/6 14/24 24/1 26/1 31/16 32/8 34/4 36/8 38/5 45/17 47/18 49/18 50/1 50/7 50/8 50/9Congressional [3] 9/16 14/7 33/22Congresswoman [1] 26/3connection [1] 29/13consecutively [2] 31/2 40/5consequences [1] 49/18consistent [2] 22/9 49/15consistently [3] 5/2 5/11 39/17constitute [1] 51/10Constitution [1] 2/7Constitutional [1] 10/9Cont'd [1] 2/1contact [1] 16/15contain [1] 27/24contempt [1] 10/7contend [3] 11/6 30/24 31/18contended [2] 6/10 35/3contending [1] 40/9contends [2] 15/19 40/14contention [2] 15/22 15/22CONTENTS [1] 3/1context [1] 24/13continues [1] 18/22contract [2] 19/24 20/3contrary [2] 16/11 41/19conversation [8] 9/8 36/6 46/21 46/24 47/2 47/3 47/7 47/11conviction [1] 32/16convince [1] 32/16convincing [1] 16/20convoluted [1] 49/8COOLEY [1] 1/21correct [1] 16/25corrected [1] 14/14corroboration [5] 40/1 40/16 40/19 48/10 48/11could [12] 19/9 21/9 21/10 30/18 33/16 34/18 36/7 43/24 46/12 46/14 49/19 50/3couldn't [3] 33/1 33/6 36/19Counsel [2] 2/2 2/3count [1] 11/2counting [1] 44/13country [5] 40/21 40/22 49/25 50/15 50/17
couple [1] 42/5course [1] 38/2court [17] 1/1 2/5 2/6 2/6 14/16 24/11 24/18 28/19 30/5 34/6 36/19 36/20 37/11 37/19 51/4 51/5 51/18Court's [1] 37/8Courtney [1] 1/14courtroom [1] 30/16coveted [1] 7/25cows [1] 48/10CR [1] 1/3crazy [1] 50/4create [2] 30/19 32/12crime [6] 5/10 5/19 5/20 5/21 28/25 50/1criminal [2] 46/17 48/21criticized [1] 9/6criticizing [2] 47/19 47/20culminated [1] 6/20culminating [1] 25/11custody [1] 28/7Cy [10] 8/1 19/16 19/20 20/8 20/17 21/16 23/9 39/18 39/18 39/19
DD.C [5] 1/5 1/16 2/4 2/7 5/19Daniel [1] 1/13dared [3] 5/1 5/9 11/9day [14] 5/16 6/23 7/12 11/9 16/19 16/22 36/11 37/25 37/25 38/1 38/7 38/14 38/20 51/13days [3] 6/3 8/24 35/6deal [1] 16/10dealer [2] 29/3 29/3dearly [1] 11/21Death [1] 25/12Deceit [1] 4/16deceitful [1] 5/8December [7] 5/12 6/4 6/20 7/14 7/17 25/17 26/14December the [2] 7/14 7/17decent [1] 4/13decide [5] 6/2 16/24 32/18 47/16 49/9decided [2] 22/6 27/1decides [3] 20/2 25/12 38/15decision [1] 25/18decline [1] 10/1Defendant [4] 1/7 1/17 3/5 4/3dejected [3] 44/19 44/23 45/11delivered [1] 26/24denial [1] 8/7denied [5] 5/12 5/13 9/22 28/23 47/2deny [7] 5/1 5/9 5/17 5/20 7/15 50/2 50/18denying [1] 50/1deposition [8] 4/23 10/22 10/25 11/1 11/4 34/2 34/5 34/9Deputy [1] 2/2describe [1] 7/1designed [1] 5/5detail [1] 12/2developed [1] 41/3did [37] 5/12 6/25 7/16 9/23 10/11 10/13 10/18 11/3 11/9 11/14 12/19 12/19 13/22 14/24 14/24 15/5 16/21 17/25 21/11 27/3 29/2 30/16 32/7 32/19 32/23 39/9 39/24 40/23 43/15 43/20 44/3 44/5 49/20 49/20 49/21 50/12 50/14didn't [28] 4/8 8/9 9/12 10/12 10/17 11/12 11/12 11/20 21/10 28/8 28/25 29/1 29/2 39/14 39/15 39/16 40/3 42/6 42/9 43/15 45/1 45/20 46/3 46/10 46/18 47/8 47/8 50/6die [1] 19/14died [1] 11/21Diego [1] 1/22
difference [1] 37/14different [9] 4/23 13/25 15/1 26/18 27/22 29/8 29/10 31/17 50/14differently [1] 37/16difficult [1] 7/21digital [2] 38/17 38/21directed [2] 16/6 31/15discharge [1] 32/8discipline [1] 20/23discussing [1] 4/19dishonesty [1] 4/16distinction [1] 37/13DISTRICT [6] 1/1 1/2 1/11 2/6 51/5 51/5distrusting [1] 27/1DLA [1] 6/17DNA [11] 27/11 27/14 27/18 27/18 27/19 29/13 29/15 30/19 30/21 43/4 49/8do [61] Docket [1] 1/3doctors [1] 43/14does [8] 8/23 9/22 10/13 25/11 27/18 33/2 33/20 50/4doesn't [8] 8/8 9/20 15/7 20/22 38/10 38/11 40/12 44/2doing [8] 18/2 18/6 18/12 25/1 39/20 45/15 47/12 50/24dollars [1] 6/19don't [10] 13/23 13/25 14/18 15/20 20/21 26/12 29/19 30/12 35/8 38/24done [12] 5/16 9/2 30/18 34/10 40/7 41/17 45/17 45/19 46/11 49/14 49/16 49/19dope [4] 28/23 29/2 29/3 29/3doubt [4] 32/6 32/17 45/14 48/9down [9] 12/16 18/20 18/20 33/4 38/22 44/8 44/17 44/23 50/6Dr. [1] 29/25Dr. Catlin [1] 29/25drafted [2] 18/25 18/25dreamed [1] 18/9drive [2] 18/4 20/22driven [1] 20/23drugs [1] 40/4due [1] 7/4Durham [22] 1/13 4/12 5/6 6/11 7/5 13/5 13/16 13/18 13/22 14/11 14/19 15/25 16/12 26/18 31/6 31/11 32/15 43/6 44/23 45/22 45/24 50/5Durham's [2] 43/23 50/8during [14] 7/20 9/10 11/4 15/12 21/11 25/1 33/7 33/17 37/3 38/2 38/3 45/11 48/6 48/20
Eeach [1] 22/11earlier [2] 35/23 37/8early [1] 46/4earth [1] 23/17easily [1] 30/19Eastgate [1] 1/21easy [1] 30/7effort [1] 41/24eight [3] 6/3 20/1 41/11eighty [1] 41/5eighty-seven [1] 41/5either [3] 4/9 13/18 40/20else [6] 21/10 25/1 25/22 28/3 39/22 43/3Emery [2] 28/5 28/9Emery's [1] 28/16employed [1] 41/1end [6] 10/20 16/19 16/21 24/4 24/22 31/11endorse [1] 31/6ends [1] 49/8
Eenforcement [5] 28/15 28/18 29/6 41/9 48/20enhancement [1] 38/17enhancing [1] 32/1enjoying [1] 24/24enough [4] 14/15 17/15 17/18 47/25entire [4] 14/4 15/9 21/24 41/19entitled [1] 32/15Esquire [3] 1/17 1/17 1/20establish [1] 28/7ethic [1] 17/21eve [1] 9/14even [2] 39/10 46/18events [1] 35/10ever [21] 8/2 8/18 9/19 10/16 15/16 16/23 17/9 17/13 17/20 17/22 17/24 19/8 23/11 23/18 30/22 31/20 32/19 46/6 46/14 46/16 50/11every [3] 5/2 11/13 49/4everybody [5] 9/12 10/3 18/12 27/9 46/3everything [12] 5/16 8/18 13/7 19/23 25/22 27/23 31/13 34/25 39/1 45/18 49/6 49/14evidence [71] exactly [2] 36/18 38/19example [2] 33/12 33/15except [5] 12/15 16/2 40/15 47/15 50/3excerpt [1] 51/7excerpts [2] 10/23 34/3exchange [5] 33/21 34/16 35/20 35/23 38/5excuse [1] 21/14Exercise [1] 10/9Exhibit [1] 40/17expect [7] 15/17 15/20 30/2 30/4 30/6 37/14 39/14expects [2] 37/9 46/11experience [1] 26/5expert [4] 29/18 30/10 30/18 46/15experts [1] 38/23expired [1] 19/24explain [2] 40/2 49/7explanation [2] 45/25 49/8eye [1] 32/14eyes [1] 42/6
Ffact [4] 11/8 33/22 47/18 49/12Fair [1] 14/15faith [1] 45/14false [1] 43/9family [1] 17/4famous [1] 20/4fan [1] 19/4fans [1] 45/7far [4] 8/5 14/1 32/14 34/20father [1] 11/20FBI [2] 28/1 41/15February [1] 4/24federal [2] 41/9 49/25fer [1] 20/21few [1] 45/7Fifth [2] 10/8 10/12figured [1] 18/14figures [1] 41/14file [1] 41/12final [1] 4/18finally [1] 47/24find [20] 7/3 15/17 15/20 18/5 25/16 25/18 30/9 34/21 38/19 38/23 39/25 40/16 40/19 41/23 46/10 47/21 48/15 48/19 48/22 49/4fine [2] 13/20 30/3
finger [1] 4/14finger-pointing [1] 4/14fingerprint [1] 28/3fingerprints [1] 28/1finishing [1] 49/10firm [2] 6/17 6/19first [22] 5/18 8/2 9/17 11/2 11/17 12/20 14/19 19/13 19/16 23/23 31/8 31/16 33/1 35/7 36/7 39/18 40/4 40/7 44/4 46/19 48/16 50/21fishing [1] 44/12fit [1] 45/18five [5] 8/2 8/2 8/19 11/17 31/25fixation [1] 43/8Florida [1] 48/21folks [2] 47/1 50/16follows [1] 30/3foregoing [1] 51/9forgiving [1] 44/14forgotten [1] 10/16former [1] 6/16forth [2] 18/17 42/11forty [1] 8/19forty-five-year-old [1] 8/19forum [1] 5/2forums [1] 22/14forward [4] 9/9 9/23 15/11 40/10foul [3] 18/8 18/8 18/14found [4] 6/4 6/7 6/8 43/4foundation [1] 13/14four [13] 11/13 13/8 19/19 19/24 19/25 20/3 20/3 20/17 31/18 31/23 33/3 43/14 48/23fourth [1] 20/9Friday [1] 18/4friend [1] 23/7friends [2] 16/14 16/16front [2] 12/6 34/4full [2] 19/13 33/21furor [2] 7/21 25/17further [4] 21/4 30/11 30/12 51/9
Ggained [1] 9/18game [9] 36/3 37/24 44/24 45/2 45/2 45/5 45/6 45/9 45/9garbage [4] 46/1 46/1 46/14 49/3gathered [2] 27/25 28/16gauze [5] 27/6 27/6 27/17 30/20 43/5gave [13] 21/24 22/8 22/10 22/15 22/21 23/1 23/11 41/22 42/21 42/22 42/24 46/5 46/6general [3] 2/2 2/3 20/1generational [1] 20/25George [3] 6/16 47/17 47/19get [12] 4/8 9/13 10/14 11/14 16/9 17/15 17/17 17/18 18/16 21/9 28/21 30/8gets [4] 9/10 19/11 19/22 29/6getting [2] 22/11 43/7giggles [1] 24/21Gilberto [1] 1/14gist [1] 47/10give [2] 29/1 43/25given [3] 19/17 35/13 43/13gives [2] 10/22 10/25giving [3] 20/2 20/2 39/22glaring [1] 39/6go [16] 5/23 5/25 12/18 12/20 17/1 17/7 19/25 33/4 33/4 36/23 38/21 39/16 41/23 42/2 48/8 49/17God [1] 49/24God's [1] 23/17GODWARD [1] 1/21goes [9] 17/3 17/16 18/22 19/3 19/10 20/7 21/20 23/25 39/25
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Hhe's... [32] 18/14 18/15 18/16 18/16 18/18 18/25 18/25 19/1 19/19 19/24 19/25 20/2 20/4 22/9 24/24 27/17 34/23 34/25 35/9 35/20 37/10 39/23 42/13 42/21 44/19 45/12 46/3 47/8 47/11 48/3 48/17 48/18head [1] 15/1hear [9] 8/8 10/23 10/25 11/5 35/21 36/10 36/11 40/9 49/7heard [5] 6/11 13/2 15/25 34/17 46/25hearing [2] 10/22 28/13hearings [4] 6/12 9/2 47/9 49/2hearsay [6] 24/5 24/11 24/14 29/25 30/1 36/15heck [1] 45/2help [4] 20/22 21/1 21/9 49/24helping [1] 28/10her [1] 25/7here [26] 4/8 5/1 5/19 5/24 10/15 11/14 11/16 12/5 13/24 17/7 17/10 18/16 21/21 21/25 22/8 25/2 27/17 29/12 32/12 33/11 34/1 34/10 42/2 44/9 44/15 50/15here's [5] 11/15 29/16 32/11 32/13 33/12hereby [1] 51/6herein [1] 51/2hereto [1] 51/12hey [1] 38/15HGH [18] 5/13 6/7 16/8 16/21 23/1 23/18 31/24 39/8 39/24 42/10 42/15 42/17 42/21 42/23 42/25 43/1 46/6 47/1high [7] 17/3 17/5 17/14 17/19 18/1 27/13 30/13him [39] 4/19 5/21 6/18 6/18 7/6 8/8 9/22 9/23 12/23 13/23 16/8 16/23 20/20 20/22 21/9 21/15 22/21 23/1 23/6 23/22 25/6 25/7 28/10 28/10 28/10 28/22 30/12 39/22 41/21 41/22 41/22 41/22 41/23 42/12 42/14 46/5 46/6 48/21 50/2himself [6] 12/1 13/7 17/24 18/9 18/16 20/24hired [2] 6/16 6/18his [77] history [2] 10/2 20/15hitting [2] 39/16 39/16hodgepodge [1] 46/14hold [1] 4/10home [3] 39/16 39/16 48/10hometown [1] 23/6Honor [7] 13/9 13/15 24/5 24/10 29/24 36/18 37/6Honor's [1] 36/14HONORABLE [1] 1/10hope [1] 4/9Hopefully [1] 50/13hopes [1] 31/12hoping [1] 17/17hormone [3] 31/21 32/20 32/24house [11] 2/2 8/25 27/21 27/22 31/1 33/7 33/17 35/22 42/4 42/19 43/2Houston [3] 1/19 23/7 23/10how [13] 4/11 5/23 10/14 11/14 12/2 21/2 21/8 24/21 30/17 39/22 40/2 49/7 49/8Howard [4] 23/24 23/25 24/21 26/10human [2] 31/20 32/24hundred [2] 41/5 41/8hunting [1] 7/20
II'd [1] 9/13I'll [2] 37/20 42/2
I'm [21] 10/9 16/9 17/2 17/6 20/2 26/16 29/2 29/3 29/4 29/14 33/10 37/14 40/24 44/6 44/9 44/11 44/13 44/15 46/21 47/14 48/25I've [3] 32/25 44/24 46/8ideas [1] 25/7illegal [2] 28/23 41/19imagine [2] 7/22 46/14impeachment [1] 24/12improve [1] 39/15inconsistent [1] 39/13incredible [3] 19/23 20/14 21/17indicate [1] 41/4indicated [2] 14/12 16/12indicia [1] 14/25indictment [1] 31/14individuals [1] 41/6inference [1] 13/14informed [1] 8/25initially [1] 15/3injected [1] 30/23injuries [1] 15/24injury [1] 19/12innocence [1] 5/2insane [1] 39/3insistence [1] 49/13instance [1] 48/19instances [1] 26/18intelligent [1] 49/23intends [1] 13/19intense [1] 21/3intent [1] 32/8intention [1] 14/4intentionally [1] 32/6interesting [1] 44/7interestingly [1] 43/16interview [11] 7/8 8/10 8/11 8/23 8/24 9/4 9/10 24/2 24/20 41/6 41/8interviewed [2] 7/6 41/6interviewing [1] 25/7interviews [6] 25/6 40/20 40/23 41/14 48/23 48/24introduce [1] 11/1investigation [2] 6/19 48/21investigators [1] 7/5invitation [2] 9/3 9/21involved [1] 48/20involvement [1] 12/14irrefutable [1] 22/14irrefutably [1] 29/16is [189] issue [8] 5/25 9/2 9/22 10/2 14/24 37/25 40/25 41/1issued [1] 6/8issues [3] 8/7 10/5 39/6it [132] it's [30] 5/3 7/18 7/21 9/11 12/5 14/2 14/2 21/18 21/18 23/3 24/11 24/11 24/14 24/14 24/15 26/19 33/22 35/6 37/13 38/18 39/3 44/3 44/7 44/19 45/12 45/13 46/11 47/5 50/9 50/16its [4] 6/8 13/20 15/22 35/19
JJac [1] 17/10Jacinto [1] 17/16jacket [1] 17/12January [4] 9/15 27/4 46/4 49/1Jeremy [1] 1/17joints [1] 15/23Jones [3] 2/5 51/4 51/18José [7] 33/7 33/17 34/23 34/23 35/4 35/12 35/22Jr [2] 1/14 1/17judge [3] 1/10 1/11 25/24
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Kkeep [5] 31/5 31/6 40/24 48/4 49/5keeping [1] 32/14keeps [2] 15/8 37/6kept [2] 27/20 43/4key [1] 38/15kid [2] 11/25 18/14kids [1] 18/2kind [7] 13/6 30/20 32/18 39/4 41/23 44/7 47/25knew [10] 5/21 6/23 10/3 10/12 12/11 12/12 21/8 25/4 50/1 50/2know [11] 8/22 10/18 10/18 14/1 21/2 26/12 34/2 35/8 42/5 45/23 46/18knowing [2] 32/6 49/18known [1] 5/2knows [1] 16/17KRONISH [1] 1/21
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Oone... [19] 31/20 32/17 34/1 37/24 39/5 39/6 39/7 39/14 39/20 40/3 41/3 41/8 41/24 42/9 42/14 45/3 45/18 45/22 49/12ones [1] 29/14only [21] 10/6 10/7 19/2 19/8 21/22 21/23 21/23 21/25 23/19 24/22 26/21 31/18 34/17 35/24 42/20 42/22 42/24 47/20 47/25 49/12 49/22open [6] 14/16 24/18 29/9 30/5 31/7 37/19opening [10] 3/5 4/3 4/7 4/18 13/5 13/18 13/24 15/21 24/13 31/11ordered [1] 42/10originally [2] 14/5 14/21other [16] 5/8 12/4 15/7 17/7 18/2 27/8 27/22 28/24 35/4 39/3 40/3 41/4 43/2 43/10 45/1 51/1others [3] 20/25 41/15 43/15otherwise [1] 40/2ought [1] 28/17our [7] 30/15 50/7 50/7 50/9 50/9 50/10 50/16out [42] 6/5 6/7 6/8 6/23 7/4 7/4 7/12 7/13 8/17 14/22 18/2 18/5 18/13 18/14 19/23 20/20 20/22 20/24 21/9 23/6 24/11 27/18 28/11 29/7 29/9 30/8 34/21 36/20 37/11 38/19 38/19 38/23 41/21 42/11 46/11 46/12 47/4 47/9 47/22 48/19 49/17 49/25out-of-court [3] 24/11 36/20 37/11outfield [1] 18/13outing [1] 34/19outside [1] 40/22outward [3] 14/25 15/14 40/12outwardly [1] 15/7over [13] 7/16 9/11 12/12 15/18 18/4 18/6 25/20 27/17 29/12 40/21 41/9 41/13 42/5overruled [2] 24/17 24/19Oversight [1] 8/25owes [1] 28/22own [6] 27/4 32/23 34/24 38/10 38/23 48/19
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RRadomski [4] 42/3 42/13 42/18 43/1ranging [1] 24/20rather [1] 46/18reached [1] 49/24real [5] 5/23 17/6 42/2 46/21 48/11really [6] 4/11 11/20 14/23 32/12 43/24 44/7reason [1] 17/2reasonable [5] 7/15 32/5 32/17 48/9 49/23recall [2] 13/23 26/13recommendations [1] 7/2record [2] 19/23 36/24recorded [2] 2/14 7/8recording [1] 7/9records [2] 15/17 40/13recover [1] 15/24Red [4] 19/1 19/1 19/13 43/18refer [1] 37/10referring [1] 37/7refuse [1] 9/23regarding [1] 37/21REGGIE [1] 1/10regularly [2] 5/12 43/13regularly,but [1] 21/2relationship [3] 11/15 11/20 21/12released [1] 5/3remember [7] 25/3 33/9 42/4 42/19 44/8 44/18 50/16repeatedly [2] 48/23 49/1Rephrase [1] 37/21report [15] 5/3 6/9 6/21 6/23 6/24 7/4 7/12 7/13 8/4 9/1 14/7 28/11 35/5 47/20 47/22reported [2] 51/1 51/6reporter [6] 2/5 2/6 34/6 34/12 51/4 51/18reports [2] 41/6 41/14representative [1] 49/5representatives [4] 2/2 7/10 8/24 9/15represented [1] 38/12
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Ssaid [36] 6/25 7/18 10/24 11/13 13/18 13/24 14/1 14/3 14/6 14/6 14/14 14/19 20/2 22/14 24/7 31/6 32/7 33/3 34/9 35/24 36/19 36/22 37/2 41/5 42/21 42/24 43/6 46/8 47/7 47/8 47/21 47/23 50/3 50/5 50/6 51/10Saleski [1] 1/14salutary [1] 41/13same [5] 9/1 23/3 23/3 29/14 35/23sample [1] 27/12samples [1] 43/4San [3] 1/22 17/10 17/16saving [1] 46/8saw [10] 7/2 17/13 21/5 23/22 35/3 36/8 37/5 38/1 41/21 43/21say [55] saying [10] 11/12 13/23 16/12 28/21 29/1 35/20 46/7 47/12 48/25 50/11says [19] 8/9 9/12 21/19 22/8 23/1 23/10 27/5 27/16 27/20 27/24 28/2 29/2 35/22 38/4 40/20 43/6 45/22 45/24 48/2scene [2] 25/25 44/18scholarship [1] 17/15school [5] 17/3 17/5 17/14 17/19 18/1scientific [2] 27/2 30/9scream [1] 49/17screen [1] 13/2screens [1] 12/6season [4] 19/11 19/13 19/14 21/11second [2] 11/18 21/7see [14] 5/15 17/8 17/11 18/3 34/12 38/17 38/17 38/22 39/12 42/2 42/5
44/12 44/12 49/11seeking [1] 41/17seem [1] 19/5seen [4] 9/19 17/20 17/24 36/7self [1] 20/23self-driven [1] 20/23senator [1] 6/17sense [3] 31/13 41/18 49/9sent [1] 7/4series [3] 44/19 45/8 45/12SESSION [1] 1/10seven [3] 8/3 41/5 46/9seventeen [2] 18/3 18/8seventh [2] 23/9 39/19seventies [1] 17/23Seventy [1] 41/8Seventy-nine [1] 41/8several [5] 15/18 27/16 27/17 35/6 39/13sewer [1] 28/25shadows [1] 39/1shape [1] 18/16shepherding [1] 28/10shirt [1] 24/4shorthand [3] 2/14 51/7 51/11shortly [1] 38/25shot [1] 43/25shots [8] 43/7 43/8 43/13 43/15 43/18 43/18 43/21 46/5should [9] 4/20 4/21 9/4 31/10 31/19 33/3 42/24 50/9 50/11shoulder [1] 19/12show [22] 4/22 8/16 9/14 10/17 11/25 14/24 15/6 15/11 23/24 23/25 24/15 26/24 30/17 35/11 35/15 38/10 38/11 39/6 40/12 40/13 41/2 49/15showed [4] 12/23 28/14 29/14 33/9showing [1] 28/13shown [2] 35/14 49/22shows [4] 12/12 12/22 15/8 39/3shuddered [1] 50/5shy [1] 50/23sic [6] 8/16 11/16 17/3 17/10 34/23 35/14side [5] 18/18 18/18 18/19 18/19 30/16significance [2] 34/20 36/1significant [1] 33/11signs [3] 20/5 40/13 40/13simple [4] 5/4 30/23 30/23 30/23simply [2] 6/25 10/17since [4] 5/12 6/5 25/24 28/10single [5] 23/17 28/3 41/3 41/24 42/15sitting [3] 5/20 42/5 44/19six [4] 22/19 23/16 32/2 39/23sixteen [1] 18/2slander [1] 9/14slight [1] 27/12small [2] 16/6 27/12so [62] sold [1] 41/22solely [1] 47/22some [19] 6/12 6/15 10/24 13/24 13/25 13/25 14/12 16/20 17/7 27/11 35/4 38/17 40/16 40/21 41/7 42/1 43/17 45/6 45/25somebody [14] 9/12 15/5 15/18 18/5 21/1 21/9 21/9 21/10 28/15 28/24 40/14 41/21 43/3 50/11somebody's [2] 28/7 30/19somehow [3] 27/1 43/9 44/16someone [1] 50/10something [6] 9/12 14/17 15/6 17/24 29/16 50/8sometime [2] 21/14 38/25sometimes [2] 21/1 42/11
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Ssuch [1] 45/5sue [1] 9/13sued [2] 9/13 28/18suggest [4] 14/19 32/11 44/3 46/16suggested [2] 14/11 43/23suggesting [1] 16/3suggestion [2] 13/6 14/22suing [2] 28/24 29/4Suite [1] 1/19support [1] 48/25supposed [6] 4/18 31/15 32/4 32/10 37/10 44/18supposedly [6] 12/16 23/14 27/9 34/22 35/15 45/11sure [4] 6/23 13/13 29/14 33/10surfaces [1] 27/25surgery [1] 19/12surprise [1] 50/23surprised [1] 4/13sustain [1] 37/20sweeping [2] 18/19 18/20
Ttable [2] 3/1 4/8take [13] 8/8 10/8 10/12 15/21 16/16 16/21 28/8 29/2 30/7 30/19 33/15 36/6 47/8taken [8] 22/1 29/7 31/24 32/3 34/5 35/15 38/18 45/18takes [3] 7/19 19/10 41/18taking [5] 8/17 9/6 22/12 36/2 43/11tale [2] 10/20 10/21talk [10] 31/3 31/4 32/13 36/20 47/14 47/15 47/17 48/10 48/14 48/14talked [9] 7/5 22/16 22/20 23/11 31/12 41/7 42/3 45/21 47/11talking [3] 35/5 40/24 46/19talks [7] 23/6 24/3 24/21 25/21 25/21 44/17 44/23tall [1] 11/25tape [3] 7/8 7/8 9/8tape-recorded [1] 7/8taped [1] 7/8Taxes [1] 25/12team [1] 35/19teammate [1] 34/23teammates [2] 17/19 18/1teams [1] 43/14telegraphs [1] 21/22tell [18] 9/9 12/2 16/11 16/17 16/23 24/23 26/16 27/9 27/12 33/1 37/24 39/5 42/6 42/9 45/1 48/2 49/21 50/8telling [6] 8/19 34/18 36/1 46/3 46/4 49/6tells [4] 21/15 21/21 29/20 44/7ten [2] 11/22 23/21terms [1] 8/4tested [3] 40/6 40/11 40/12testified [11] 4/23 12/7 12/8 27/16 27/17 35/17 36/4 37/15 42/14 42/22 47/18testifies [6] 10/14 10/23 37/15 37/16 42/13 42/21testify [13] 9/3 10/1 10/8 10/10 10/10 17/12 24/7 30/3 36/23 36/25 37/10 38/24 46/15testifying [1] 12/23testimony [18] 12/20 16/5 16/5 16/10 16/20 22/2 22/20 24/1 26/2 34/4 35/8 37/7 37/11 37/15 42/19 42/20 44/3 51/7testimony's [1] 21/13testing [3] 40/3 40/5 40/10tests [1] 30/9Texas [6] 1/19 17/3 17/4 18/23 18/23
50/14than [5] 4/18 15/7 19/2 41/4 49/16thank [5] 14/15 34/15 37/18 45/3 50/25that [262] that's [32] 5/10 5/22 10/3 10/14 11/10 12/4 12/6 13/20 14/3 15/25 19/7 21/19 26/13 29/4 30/3 30/24 32/4 32/22 33/11 35/20 36/25 37/7 38/4 39/2 39/2 40/25 41/24 42/8 42/12 42/23 43/9 47/5their [13] 8/13 8/13 11/2 11/15 15/22 31/16 32/9 36/20 38/21 38/23 41/14 42/6 49/5them [21] 9/17 9/20 13/25 14/12 18/19 18/20 20/18 21/3 22/8 22/12 22/21 30/21 34/18 36/10 37/25 38/24 43/12 43/12 43/17 46/13 47/5then [33] 5/24 6/16 7/3 8/1 8/10 9/4 9/22 9/24 10/7 10/20 11/17 12/9 14/20 16/24 17/7 19/21 21/20 22/3 22/5 22/11 22/13 32/9 35/5 35/5 35/24 36/8 38/8 40/5 40/8 45/3 45/6 49/1 49/9there [45] 10/22 14/9 15/2 15/10 15/19 15/19 16/14 18/4 18/6 18/13 18/18 20/9 22/2 22/5 23/16 25/6 25/13 25/22 27/9 27/23 29/15 31/2 34/5 34/18 35/20 35/24 38/5 38/19 39/4 39/10 39/12 41/20 41/21 41/21 42/5 42/11 42/12 43/11 43/16 43/17 43/20 44/19 46/15 48/11 50/6there's [5] 13/13 14/13 15/15 16/1 44/2Thereupon [1] 51/1these [44] 5/16 5/24 11/14 12/4 13/8 13/12 14/21 15/3 15/6 21/21 21/21 21/23 21/25 22/1 25/9 25/14 25/23 25/25 27/6 27/23 27/24 27/24 27/25 29/4 29/7 29/12 29/12 29/14 32/7 32/17 34/8 36/19 36/24 37/21 37/23 40/4 40/20 41/1 41/1 42/2 43/14 45/14 48/16 48/18they [95] they'd [2] 17/20 18/4they'll [1] 27/13they're [5] 5/6 5/7 18/19 36/22 45/15They've [1] 43/7thing [13] 8/12 16/6 19/8 21/5 21/7 33/1 34/3 39/4 40/3 41/24 45/13 45/22 49/23things [14] 10/24 11/1 13/25 15/16 15/19 18/2 20/11 21/1 29/8 29/8 31/12 32/18 39/13 47/20think [12] 5/25 6/22 16/6 16/19 19/6 25/17 33/11 36/23 37/13 39/10 44/19 45/7thirty [4] 19/24 20/1 20/1 20/3thirty-eight [1] 20/1thirty-four [1] 19/24thirty-four-year-old [1] 20/3thirty-nine [1] 20/1this [148] those [18] 4/16 4/17 7/17 8/18 9/24 11/3 19/4 20/21 28/14 28/14 31/18 33/3 35/9 37/11 39/20 39/23 41/14 47/25though [1] 37/3thought [2] 28/17 31/8thousand [1] 49/15three [12] 8/23 17/4 19/21 23/7 23/10 27/7 38/25 41/7 41/8 43/14 45/8 48/23threw [1] 4/17through [11] 6/1 12/19 17/1 17/6 19/11 30/18 42/2 46/22 48/1 48/3 48/3throughout [2] 5/11 45/19tie [3] 12/8 35/1 35/9ties [1] 4/9time [28] 7/23 8/15 15/11 15/13 16/8 19/17 20/9 21/23 21/23 23/11 24/3 25/1 32/7 33/8 33/17 35/7 38/2 38/15 38/19
40/7 40/10 42/9 42/15 45/11 46/2 46/6 46/19 50/21times [7] 19/21 27/16 27/17 41/7 47/4 47/10 49/15tired [1] 22/11together [7] 22/4 22/18 30/21 30/22 34/10 35/10 44/21told [14] 6/6 7/10 7/11 16/8 26/18 27/6 29/25 32/15 36/8 39/3 42/14 42/24 48/22 48/23too [2] 22/3 36/1took [8] 4/14 5/13 15/23 23/14 23/18 28/9 39/8 45/23Toronto [6] 20/6 20/7 20/14 20/16 35/13 44/21total [1] 8/17totally [4] 8/17 39/13 41/19 50/15touched [1] 41/11toward [1] 31/11town [1] 19/10tragically [1] 45/16trainer [1] 6/5trainers [4] 43/20 43/21 43/22 43/25Tran [1] 25/2transcribed [2] 51/2 51/11transcript [3] 1/10 2/14 51/10transcription [1] 2/15trash [1] 27/8TRIAL [1] 1/10tried [2] 7/14 35/9true [7] 7/18 8/22 14/2 14/2 21/18 21/19 34/9truly [1] 39/8truth [4] 9/10 16/17 16/24 24/15try [4] 8/13 11/6 14/17 46/16trying [6] 15/4 18/16 32/12 37/14 49/13 50/10Tube [2] 8/8 25/6Tuesday [1] 1/6turn [1] 41/24turned [1] 41/13turns [1] 27/18TV [2] 4/25 34/3twenty [1] 19/19twenty-four [1] 19/19twilight [1] 20/4two [28] 4/23 7/5 7/19 7/19 8/23 10/6 10/14 10/20 10/21 12/4 20/11 20/21 28/13 28/14 29/10 29/10 29/13 29/20 36/4 36/5 36/7 36/12 36/24 38/16 38/16 41/7 45/8 48/24two o'clock [4] 36/5 36/7 38/16 38/16two-fer [1] 20/21types [1] 29/10
UU.S [4] 2/2 2/6 5/18 41/11ultimately [1] 9/10unanimously [1] 32/16unbelievable [2] 7/21 19/19unbelievably [1] 12/1unbelieve [1] 20/16uncontradicted [1] 9/25under [2] 10/10 49/18understand [2] 14/13 31/14UNITED [5] 1/1 1/3 1/11 1/15 51/5University [2] 18/22 18/23unless [1] 48/9unpublished [1] 26/14until [5] 6/23 25/8 25/19 27/3 48/10up [33] 10/20 11/6 11/19 12/13 13/5 13/6 13/23 13/25 14/11 14/13 14/19 15/23 17/2 18/19 19/3 19/11 24/4 24/22 26/22 27/25 28/16 29/9 33/13 38/4 41/6 41/24 42/6 43/6 45/24 46/14 49/8 49/10
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Vvalid [1] 14/18various [1] 9/6venue [1] 12/25version [1] 21/13very [11] 4/12 4/13 8/12 12/19 14/18 17/11 27/2 30/7 30/18 45/7 50/25Videotape [1] 33/24view [1] 49/14visit [1] 9/15voice [2] 34/1 34/8vote [1] 32/10
Wwaiting [2] 25/19 26/14Wallace [2] 8/11 46/4WALTON [1] 1/10want [23] 5/24 5/25 10/17 11/23 12/18 13/1 17/1 17/8 19/6 21/20 26/20 29/22 31/3 31/3 31/4 31/14 32/13 32/18 33/25 34/16 45/13 45/25 48/4wanted [8] 7/6 8/8 8/21 10/17 19/8 22/6 35/1 35/11wants [6] 13/19 18/17 19/25 21/15 28/21 34/3was [114] Washington [4] 1/5 1/16 2/4 2/7wasn't [9] 8/22 17/5 17/15 31/1 34/19 35/18 35/19 38/6 42/7waste [1] 40/25watch [3] 48/1 48/4 49/11way [28] 4/7 8/5 8/17 10/7 12/1 12/6 14/12 15/1 15/18 16/3 17/25 18/11 27/2 27/20 30/14 37/10 37/15 37/17 39/1 39/23 41/13 42/13 42/17 42/21 44/11 46/10 49/4 50/3Wayne [4] 17/12 17/21 17/22 18/11ways [5] 4/23 10/14 26/21 31/17 31/18we [48] 5/24 10/14 10/20 11/14 12/20 15/10 16/4 16/16 16/19 16/22 16/23 20/25 21/1 21/2 21/2 21/3 22/20 29/19 29/22 30/2 30/12 30/24 31/8 31/18 33/3 34/2 34/7 34/12 35/14 36/10 38/17 38/19 40/2 40/15 40/15 40/17 42/5 43/12 43/18 43/18 43/24 44/1 44/7 44/15 47/14 49/24 50/13 50/23we'll [3] 25/17 30/17 38/24we're [13] 4/18 5/1 16/12 16/22 27/14 34/2 35/21 42/5 47/14 47/16 47/17 49/25 50/14we've [3] 34/10 34/10 39/25week [7] 4/24 6/9 7/4 7/20 7/20 11/5 34/5weights [2] 18/7 18/7welcome [2] 16/4 16/22well [16] 11/15 14/2 16/1 17/18 18/23 23/3 23/21 25/2 27/18 27/25 33/21 36/9 44/1 45/1 45/22 46/2
went [2] 22/4 44/7were [20] 5/17 6/25 8/19 8/20 11/7 13/12 13/13 15/4 17/20 18/1 19/23 27/7 28/14 29/8 35/14 35/15 37/23 41/7 43/13 51/1weren't [4] 19/22 22/3 40/4 44/4what [101] what's [4] 16/25 31/14 35/4 41/12when [38] 4/8 4/18 4/22 5/21 6/8 7/3 7/13 8/2 8/7 10/23 11/5 11/21 12/7 12/24 13/22 14/21 15/3 15/11 17/14 18/1 18/11 18/13 22/6 22/11 26/24 28/1 34/11 34/11 36/25 38/18 39/10 41/22 44/12 46/11 47/5 47/18 48/4 50/5where [10] 8/20 10/23 11/24 12/19 12/19 24/20 34/17 39/20 44/18 49/25where's [1] 39/9whereof [1] 51/12whether [17] 4/22 5/20 6/13 6/24 6/25 7/7 13/21 24/23 29/17 30/21 36/11 41/9 43/12 44/1 46/25 47/16 49/9which [9] 9/8 9/24 13/14 24/3 26/14 29/14 30/18 34/9 36/12while [2] 44/9 47/14who [25] 5/11 6/16 7/18 8/2 8/12 11/14 12/16 17/24 18/5 19/4 19/7 20/21 23/21 25/4 28/9 29/4 40/11 40/14 43/17 43/21 45/3 45/9 46/15 47/25 49/10who's [4] 9/16 16/25 16/25 17/11whorl [1] 33/4whose [3] 40/12 40/13 43/4why [7] 13/7 16/21 20/10 23/15 33/11 45/22 45/23will [74] WILLIAM [2] 1/6 2/2win [2] 18/24 45/8winning [1] 45/9wins [7] 19/16 19/20 19/21 20/8 20/17 23/9 39/18within [1] 24/13without [4] 30/22 36/1 37/13 39/24witness [7] 9/17 9/18 9/19 28/6 30/2 38/13 51/12witnesses [3] 37/9 38/10 41/5woman [1] 25/2women [1] 11/19won [5] 7/24 8/1 8/2 8/3 21/16won't [2] 4/10 27/12wonderful [1] 38/18words [4] 4/16 4/17 5/8 28/24work [5] 9/20 17/20 17/21 20/22 21/9worked [1] 42/11working [6] 17/13 18/12 20/19 20/24 22/18 28/15workout [1] 16/8world [10] 4/24 8/21 10/13 10/18 18/5 23/15 33/2 38/18 45/8 46/3would [31] 7/15 8/6 8/11 8/13 9/18 10/3 10/12 12/15 15/17 15/20 16/11 18/3 19/14 20/14 21/3 22/2 22/12 23/15 25/13 30/1 30/7 30/9 30/11 30/22 39/10 39/10 39/13 41/4 45/22 45/24 49/17wouldn't [4] 29/21 30/13 43/2 43/25Wow [1] 42/4write [3] 26/4 26/7 26/11writing [2] 34/13 44/17written [2] 34/25 41/6wrong [3] 5/13 16/25 45/16
Yy'all [3] 33/25 44/14 48/4Yankee [1] 44/22Yankees [7] 11/16 22/4 22/7 23/4 23/5 43/19 45/8yeah [3] 29/20 43/7 45/21
year [20] 8/19 18/24 19/2 19/18 19/19 19/22 20/3 20/3 20/7 20/16 21/17 21/17 21/17 21/24 22/11 22/13 23/25 38/22 42/23 44/20years [16] 8/16 11/13 15/13 15/18 17/23 18/9 19/19 19/24 19/25 22/19 23/7 23/10 23/16 39/17 39/23 46/9yellow [2] 24/4 24/22yes [2] 29/2 43/19yesterday [2] 4/12 13/24yet [2] 25/15 25/18York [3] 11/15 23/4 28/19you [155] you'll [9] 10/7 10/23 10/25 11/5 17/10 22/22 25/16 34/21 49/7you're [9] 5/15 6/1 32/9 34/11 34/11 39/12 46/10 49/6 50/14you've [2] 6/11 13/1young [12] 8/1 19/16 19/20 20/8 20/17 21/17 23/9 35/14 38/12 39/18 39/18 39/19your [17] 12/6 13/2 13/9 13/15 14/11 24/5 24/10 26/4 29/24 31/13 31/13 32/14 32/23 36/14 36/18 37/6 48/1yourself [1] 25/24
