Photo could tie Clemens to Canseco's party

http://www.chron.com/disp/story.mpl/sports/5563210.html

Feb. 22, 2008, 8:10PM
THE MITCHELL REPORT
Photo could tie Clemens to Canseco's party
By JOSE DE JESUS ORTIZ
Houston Chronicle

KISSIMMEE, Fla. — Brian McNamee's lawyers have informed the Justice Department that there is a picture that was supposedly taken of Roger Clemens at Jose Canseco's Miami home during a 1998 party that has become a central point of contention in the aftermath of the Mitchell Report.

"I think the Justice Department will get the picture or pictures," McNamee's New York-based attorney, Richard Emery, told the Chronicle via phone. "And perhaps the congressional (House Oversight and Government Reform) Committee will get them, too. I have not seen the picture. I do believe the people who have the picture are credible and acting responsibly."

In the Mitchell Report, which was prepared by former Sen. George Mitchell and released Dec. 13, McNamee, Clemens' former trainer, claimed he discussed steroids with the embattled pitcher not long after the June 1998 party at Canseco's home.

Clemens and Canseco were teammates with the Toronto Blue Jays in 1998, and McNamee has claimed Clemens attended the party Canseco threw for his teammates while they were in town to play an interleague series against the Florida Marlins.

"This is a very respectful, decent upstanding family," Emery said of the family who reportedly have the picture.

According to Emery young man who was about 10 or 11 years old at the time attended the party and took a picture with Clemens.

"The boy remembers the party," Emery said. "He's 10 years older now, but it was the only time he was ever at Canseco's house. And all the baseball players were there. It was a big event in this kid's life. He has this picture on his wall, both pictures on his wall. He kept those pictures.

"The mother remembers dropping him off at 1:30 and picking him up two hours later. And Clemens was still at the party. It was very clear, but they didn't want to give us the picture because they were all concerned. Apparently he's a baseball player in college, draft-eligible perhaps. They were very worried about this picture affecting this kid's life."

According to a person who has spoken to the young man's family, he is from Florida and playing baseball in college. Emery declined to divulge the man's name.

McNamee claimed to Mitchell's investigators that he injected Clemens with steroids and human growth hormone multiple times. He also claimed he gave performance-enhancing drugs to Deer Park's Andy Pettitte and Bellaire High graduate Chuck Knoblauch, two of Clemens' former New York Yankees teammates who also trained with McNamee.

Pettitte and Knoblauch, who were called in for depositions by the House Oversight and Government Reform Committee, have admitted to McNamee's claims. Pettitte went a step further, admitting he also used HGH in 2004 with the Astros after receiving the drug from his father, Tom.

Pettitte also held a news conference in Tampa, Fla., on Monday, apologizing to his fans and former teammates for using HGH and for lying about the use earlier. Clemens has fiercely McNamee's claims, even denying that he took steroids or HGH while testifying under oath on Feb. 13 before the House Oversight and Government Reform Committee.

Not long after the Mitchell Report was released, Clemens' attorney, Rusty Hardin, questioned the methodology Mitchell used in preparing the report, which was commissioned by Major League Baseball commissioner Bud Selig. Joe Householder, Hardin's spokesman on the Clemens matter, even chastised reporters from around the country often for not investigating McNamee's claims about Clemens being at Canseco's party.

On Friday, however, the New York Daily News first reported that the man has the picture of Clemens at that June 1998 party. Reached in Hawaii, where he was giving a speech to a trade group, Hardin didn't want to comment on the Daily News' report.

"It's impossible for us to intelligently comment on it until we see any photos that may exist," Hardin said. "I do know that TV baseball announcers at the time and Jose Canseco have all said that Roger was not at the party."

Canseco's party has been a central theme used by Clemens' supporters to undermine the credibility of the Mitchell Report and McNamee. Last week before the congressional hearing in which McNamee and Clemens testified, Hardin presented the House Oversight and Government Reform committee an affidavit from Canseco claiming Clemens wasn't at the party.

Clemens' lawyers also presented the committee with a receipt of greens fees showing Clemens golfed near Canseco's home that day. Moreover, they handed over video footage of announcers saying how the righthander had not attended the party.

McNamee stuck by his claims during last week's hearing, telling the committee that he remembered seeing Clemens' nanny run after one of the 11-time All-Star's children near Canseco's pool during that party. McNamee even described the bikini the nanny was wearing.

The committee asked Clemens' lawyers for the nanny's name and phone number on Feb. 8. Two days later, Clemens had her at his home even though the two hadn't seen each other in years. House Oversight and Government Reform Committee chairman Henry Waxman, D-Calif., reprimanded Clemens during the hearing for inviting the nanny to his home in Memorial before giving the committee her number.

"Was it your idea to meet with her before forwarding her name to us, or did someone suggest that to you?" Waxman asked Clemens during the hearing, prompting Hardin and Clemens' D.C. lawyer, Lanny Breuer, to protest at the insinuation of possible witness tampering.

"Mr. Chairman, I was doing you all a favor," Clemens replied.

At those hearings, McNamee took the most vicious criticism from Dan Burton, R-Ind.

"I know one thing I don't believe, and that's you," Burton told McNamee at the hearings during one of his many statements implying that the former trainer was a liar.

Burton's comments may have helped inspire the young man's family to contact McNamee's lawyers about the photo. Emery also claims that the family with the picture first contacted Hardin on Feb. 12 to tell him about its existence.

"On the 12th of February when they read that Rusty Hardin and Roger Clemens were asserting that Roger Clemens wasn't at the party, they called Rusty Hardin," Emery said. "Then they watched the hearing. They weren't going to do anything. Then they watched the hearing.

"When Dan Burton started harassing Brian McNamee, they were offended by that. The day after the hearing or two days after, they contacted us, and we spoke to them extensively. They told us about the picture and said they felt bad about the way McNamee was treated."

Clemens filed a defamation suit against McNamee in early January. There remains a possibility that Waxman's committee could ask the Department of Justice to investigate whether Clemens perjured himself last week at the hearings and earlier in his deposition to the committee.

Hardin, who is expected to attend a wedding in Florida on Saturday, said he doesn't expect to be back at his Houston office until Tuesday.

jesus.ortiz@chron.com