Pettitte: Clemens talked of use

WASHINGTON -- Roger Clemens acknowledged nearly 10 years ago to teammate Andy Pettitte that he had used human growth hormone, according to a sworn statement given to Congress by Pettitte and described to the Associated Press by a source late Tuesday.

Pettitte disclosed the conversation in an affidavit provided to the congressional committee holding today’s hearing on drug use in baseball, a person familiar with the affidavit told the AP, speaking on the condition of anonymity because the document had not been made public. The existence of the affidavit was first reported by the New York Times.

Pettitte also said Clemens backtracked when the subject of HGH came up again in conversation in 2005, the person familiar with the affidavit told the AP.

Pettitte said in the affidavit that he asked Clemens in 2005 what he would do if asked about performance-enhancing substances, given his admission years earlier. According to the account told to the AP, the affidavit said Clemens responded by saying Pettitte misunderstood the previous exchange in 1999 or 2000 and that, in fact, Clemens had been talking about HGH use by his wife in the original conversation.

Earlier Tuesday, David Marin, spokesman for Rep. Tom Davis (R-Va.), ranking minority member of the House Oversight and Government Reform Committee, said Pettitte had corroborated elements of statements by Brian McNamee, Clemens’ former trainer, about Clemens’ drug use, but declined to elaborate.

The new disclosures put an even brighter spotlight on Clemens when he raises his right hand this morning and swears to tell Congress the whole truth and nothing but the truth.

Clemens could disgrace himself, risk felony charges and gravely jeopardize his Hall of Fame chances if he were to lie under oath about his alleged use of steroids and human growth hormone.

Yet, by strongly challenging the accuracy of former Sen. George Mitchell’s report on baseball’s steroid era, Clemens has compelled Congress to debate the credibility of a renowned statesman.

Also set to testify today is McNamee, the former trainer who told Mitchell he injected the seven-time Cy Young Award winner with steroids and HGH. Clemens has unequivocally denied using performance-enhancing substances, thus hanging “one big asterisk” on the Mitchell Report, Rep. Elijah Cummings (D-Md.) said Tuesday.

“The focus of the hearing is to see if we’ve learned anything that leaves the Mitchell Report in a less glowing light than it’s enjoyed before,” said Marin.

McNamee told Mitchell, and federal agents, that he injected three players -- Pettitte and Chuck Knoblauch with HGH, and Clemens with steroids and HGH. Pettitte and Knoblauch each told committee investigators that McNamee spoke truthfully about him, and each player was excused from testifying today, Marin said.

“Since Mr. Clemens was so adamant that part of the report was inaccurate, we gave him the opportunity to clear that up,” Cummings said. “We didn’t want to have the report left open when there was such a major concern on the part of Mr. Clemens.”

Clemens’ lead attorney, Rusty Hardin, has challenged McNamee’s credibility, questioning in part why Mitchell did not ask Jose Canseco to verify McNamee’s claim that he saw Clemens at a party thrown by Canseco.

Canseco denied that claim in an affidavit released to the AP, further stating he had “never had a conversation with Clemens in which he expressed any interest in using steroids or human growth hormone.” In his report, Mitchell wrote that Canseco “told members of my investigative staff that he had numerous conversations with Clemens” about steroids and how to use them for best effect.

On Monday, the committee summoned Mitchell investigator Charlie Scheeler to testify today.

Marin said the addition of Scheeler to the witness list did not mean the committee might now have significant concerns about the credibility of Mitchell and his report.

Committee Chairman Henry Waxman (D-Beverly Hills) last month cited the Mitchell Report as the basis for referring Miguel Tejada to the Department of Justice for a perjury investigation. Tejada had told committee staffers he never used performance-enhancing substances; the Mitchell Report linked him with steroids and HGH.

If Clemens and McNamee today stand by their previous statements, one would be presumed to be lying under oath.

Waxman and Davis could then ask the Justice Department to investigate if the department does not launch an investigation on its own. The committee also could decide the public hearing satisfied its interest and drop the matter.

“If you have direct finger pointing, somebody is going to be lying,” said Loyola Law School professor Laurie Levenson, a former federal prosecutor. “It’s hard to believe they’ll drop it at that. That doesn’t necessarily mean there will be criminal charges, but they’ll see what evidence there might be to see who’s lying.”

Levenson said the Justice Department could convene a grand jury and complete an investigation “within the year.”

As Clemens continued his rounds on Capitol Hill Tuesday, meeting privately with individual committee members to explain his position, the committee held a hearing in which doctors testified about the legal medical uses for HGH and risks of illegal use.

Federal law forbids doctors from prescribing HGH for adults, with exceptions for three relatively rare conditions.

bill.shaikin@latimes.com