Brian McNamee has asked a federal court to dismiss Roger Clemens defamation lawsuit, or move the case to New York.
The request to dismiss the case is the second such time that McNamee, through his lawyers have done so. In this instance, the request to dismiss follows the addition by Clemens of “intentional infliction of emotional distress” to the claim.
McNamee’s lawyers say that if the case isn’t dismissed, it should be moved to New York due to many of the witnesses residing in that State.
According to The AP, McNamee’s lawyers also said, “that because of the Texas statute of limitations, Clemens can’t claim he was defamed by comments the trainer made to Andy Pettitte, Clemens’ teammate, in 1999 or 2000, and 2003 or 2004.”
In an interesting tactic by McNamee’s lawyers, they claim that even if he did inject Clemens with performance-enhancing substances, he did nothing wrong because at the time, MLB had no mandatory testing program.
“It is not per se contemptible or dishonest to be injected with steroids or HGH,” McNamee’s motion said. “Clemens is asking this court to infer that McNamee stated that Mr. Clemens cheated by knowingly using steroids and HGH to improve his pitching performance.”
How much income has McNamee made between January and June? According to one filing approx. $3,000.