Jul 3, 2008 - 10:41 AM
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Pettitte could be pulled into court for a hearing on the defamation lawsuit filed by Clemens against former trainer Brian McNamee, according to a report posted Thursday on the New York Daily News' web site.
In a motion to dismiss filed in Houston federal court late Wednesday night, Richard Emery, McNamee's defamation attorney, asked U.S. District Judge Keith P. Ellison to schedule a hearing to determine if the statute of limitations expired on Clemens' claim against McNamee, according to the report.
Clemens has accused McNamee of defamation for telling Pettitte that the seven-time Cy Young Award winner had used performance-enhancing drugs.
"If the existing evidence doesn't convince the judge, if there is any doubt in the judge's mind, he should hold a hearing or set discovery," Emery told the Daily News on Wednesday night. "That will disrupt Pettitte's season."
The statute of limitations for a federal defamation case is one year, and Pettitte has been roped into the legal battle after the former trainer allegedly told the lefthander in 1999 or 2000 that Clemens had used human growth hormone, according to a complaint filed on May 27 by Clemens' lawyer, Rusty Hardin.
The complaint also says McNamee falsely told Pettitte in 2003 or 2004 that Clemens had used steroids.
"The new allegations that McNamee slandered Clemens to Pettitte require us to drag Pettitte into this case earlier than we expected to," Emery told the Daily News.
The motion also asked for the case to be transferred from Texas to the Southern District of New York if it is not dismissed entirely.
According to the Daily News, other Yankees' players such as Derek Jeter and Jason Giambi are on the witness list along with team trainers and doctors. Even former Mets clubhouse attendant Kirk Radomski will testify that he sent performance-enhancing drugs to Clemens' home.
"Roger should have known that Brian and Pettitte were talking about Roger's use," Emery told the Daily News. "He knew Brian and Pettitte had a separate relationship. In 2005 (during the Mark McGwire congressional steroid hearing) when Pettitte asked Roger, 'What are you going to say when they ask about HGH use?' Roger should have known then that the topic was out there.
"He should have asked 'Who knew? Who would ask?' With due diligence, he should have known."
If Ellison agrees with Emery that a hearing is necessary, Pettitte, who has won each of his last four starts to improve to 9-5 with a 3.98 ERA this season, could miss an extended period of time.
