The Clemens Debacle

For those of you who are Americans or who live in the U.S., the Clemens debacle is well known. It deals with a very famous baseball player who was accused of taking steroids. The accusation was made by an informant, a “cooperating individual” as the government calls them. The cooperating individual was arrested for steroid distribution and provided the government with the names of baseball players he had supplied with steroids. One of the players he named was Roger Clemens, perhaps the most famous player in baseball. While the other players named by the informant admitted that they had indeed used steroids, thus confirming the informant’s allegations, Clemens denied the accusation and fought it all the way.

He went before congress and professed his innocence. In the opinion of most, he was found to be untruthful. What was interesting was that he was not “convicted” by the informant, but rather by another pitcher whose reputation was impeccable.

No matter how truthful the snitch was, Clemens was not going to be convicted on his testimony. A snitch will be held in contempt however truthful he sounds and however convincing his testimony is. In this case the informant provided the government with three players’ names and two admitted to using steroids. Why would the snitch lie about Clemens? What would be his motive? But still, he was a snitch, and the congressmen and the public were not going to convict Clemens on a snitch’s testimony alone.

This is true at trial. Do not be fearful of a snitch’s testimony standing alone. If it really is your word against his/hers, you are going to fare well. It is the confirming proof or the testimony of people who have no motive to lie, that will convict you.

Juries despise snitches, and those that do not still think long and hard before depriving a man of his liberty based solely on snitch testimony. It is why prosecutors always look for corroborating testimony and often will not proceed without it. Now, if there is more than one snitch, it hurts, but is not dispositive. Lawyers think they have to remind juries that snitches have a motive to lie. They do not. Use your common sense when deciding whether to plead guilty or go to trial. It will not let you down.

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