Suits to clear name, such as Clemens', are rare, risky

By A.J. Perez, USA TODAY
 
Roger Clemens joined a class that is more exclusive than any Hall of Fame when his legal team filed a defamation suit against his former trainer: athletes who have used the judicial system in an effort to clear their names.
 
"It's a risk," said Robert J. Kheel, a lecturer at Columbia Law School and partner at the New York firm Willkie Farr and Gallagher. "There's so much potential exposure, and that could put him in tremendous danger if he's not 100% innocent."
 
Many athletes linked to steroids have threatened lawsuits over the years, but few have followed through. Track star Marion Jones is on a short list of athletes who have filed suit after BALCO founder Victor Conte alleged in a television interview that he supplied Jones with illegal performance-enhancing substances.

Jones, who later admitted to using steroids as part of a plea deal with federal authorities, settled the defamation case against Conte out of court for an undisclosed amount in February 2006.
 
"It's about getting Roger's reputation back," said Rusty Hardin, Clemens lawyer.
 
"This has ruined Roger's reputation to a large part of the public."
 
Lawyers for Brian McNamee, Clemens' ex-athletic trainer who is named as the defendant in the suit filed Sunday in Harris County (Texas) District Court, labeled the complaint as desperate. "It's a complete PR move," said Earl Ward, a lawyer for McNamee. "It's a frivolous case."
 
Richard Emery, McNamee's other lawyer, said he'd seek a change of venue and possibly ask to dismiss the suit once his office has been served.

In the 14-page lawsuit, Clemens' lawyers went point by point disputing what McNamee told former senator George Mitchell, who was tapped to inquire about drug use in baseball and issued a report last month. McNamee told investigators he injected Clemens with steroids and human growth hormone in 1998, 2000 and 2001.
 
"It's the classic run-to-the-light strategy," said Levick Strategic Communications' Gene Grabowski, an expert in crisis management. "If he's positive he's innocent, he's using exactly the right strategy. He's acting like an innocent man by attacking and challenging the charges. It's a risky strategy if he's not telling the truth." The suit could also provide Clemens some cover when it comes to next week's hearing in front of the House Reform Committee.
 
"I could see him using the pending litigation and saying he doesn't think it's appropriate to talk about it," Kheel said. "But that's not a defense if he's subpoenaed."
 
Clemens, as of Monday, has only been invited to attend the hearing Jan. 16, although a subpoena could follow over the next several days.
 
Contributing: Mel Antonen in Houston

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