We have not heard the last of Roger Clemens. Last Tuesday, according to the Houston Chronicle, Clemens amended his defamation suit against Brian McNamee on Tuesday, adding a new claim of "intentional infliction of emotional distress."
Clemens' attorneys also filed a 39-page response to the motion to dismiss that McNamee's lawyers made on March 4. Clemens is represented by Rusty Hardin, who was Anna Nicole Smith’s attorney. The law clerks in the Harris County Courthouse must really love Roger Clemens.
Clemens claims McNamee, his former personal trainer, was "malicious and grossly negligent" when McNamee told baseball investigator George Mitchell last year that Clemens had used steroids and human growth hormone. Clemens also said McNamee defamed him when he repeated his accusations to SI.com.
Much of the filing was filled with the legal rationale for why a Texas court should have jurisdiction over McNamee, a New York resident. One of the justifications for giving a Texas court jurisdiction is that McNamee allegedly made false statements to Andy Pettitte, Clemens' former Houston Astros and New York Yankees' teammate, while in Texas.
U.S. District Judge Keith P. Ellison ruled May 6 against McNamee's attempt to remove Clemens' lead lawyer, Rusty Hardin. Hardin is also noted for being Anna Nicole Smith's attorney a few years ago when the deceased Playboy Playmate of the Year was married to oil billionare J. Howard Marshall.
I can just see Nancy Grace now. Letting her loose on Roger Clemens would be like a pit bull on a steak. This is going to be better than a soap opera and I can already see this turning into a movie, with Kevin Costner playing Clemens, Susan Sarandon playing his wife and Kirsten Dunst playing Mindy McCready.
Hardin represented both Clemens and Pettitte for several days before the release of the Mitchell Report, and McNamee's attorneys felt that would be a conflict.
Let the fireworks begin!