Clemens Can Peruse Lawyers’ Interviews

WASHINGTON (CN) - Roger Clemens - but not his lawyers - will get partial access to DLA Piper interviews with Jose Canseco, strength coach Brian McNamee and clubhouse attendant Kirk Radomski, to defend himself against criminal perjury charges, a federal judge ruled.

The judge ruled that the law firm's records are the work product of attorneys and are not available to Clemens' defense, but because government officials were present during some interviews, portions of the records will be available to the seven-time Cy Young Award winner.

Clemens served DLA Piper with a subpoena in February, seeking "all interview summaries, notes, and memoranda" involving Canseco, Radomski and Clemens' former strength and conditioning coach Brian McNamee.

DLA Piper sought to quash the subpoena, saying the records "constitute classic attorney work product."

Clemens denied ever using performance-enhancing drugs at a 2008 hearing of the House Committee on Oversight and Government Reform. It was just over 2 months after he was linked to steroids and human growth hormone in the Mitchell Report.

"According to the government, the defendant made statements before the Committee that he 'knew to be false and misleading,' and it is these statements that are the subject of the criminal charges currently pending against him," U.S. District Judge Reggie Walton wrote, summing up the case against Clemens.

Walton sided with DLA Piper's argument against the subpoena, but said that "the Court concluded that due to the government's involvement with the interviews of Mr. Radomski and Mr. McNamee (but not Mr. Canseco), the defendant may be entitled to portions of DLA Piper's work product."

The judge ordered the law firm to turn over its records, giving the court discretion as to which records will be released to Clemens.

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