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Clemens testimony postponed

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Times Staff Writer

The House Oversight and Government Reform Committee announced Wednesday it will delay next week’s scheduled Mitchell Report hearing featuring witnesses Roger Clemens and his former personal trainer, Brian McNamee, until Feb. 13.

The committee, after discussions with the Justice Department, opted to move the hearing on performance-enhancing drug use in Major League Baseball from next Wednesday until after the scheduled Feb. 8 federal sentencing of former New York Mets clubhouse attendant Kirk Radomski on felony steroid distribution charges.

Radomski is scheduled to appear as a witness before the House committee, along with Clemens’ former teammate, Andy Pettitte, and former major league second baseman Chuck Knoblauch. Radomski will be sentenced in San Francisco.

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The witnesses also have been asked to provide depositions in advance of the hearing. That request, said one expert, makes it more “dicey” for someone to be untruthful in the process.

McNamee already has provided sworn statements to federal law enforcement investigators that he injected seven-time Cy Young Award winner Clemens with performance-enhancing drugs several times, and Clemens has countered by suing the trainer and claiming he has never taken steroids or human growth hormone.

“When you testify to Congress, you have to tell the truth, or you face contempt of Congress,” said University of Richmond law professor Carl Tobias.

The committee’s Tuesday hearing with former Sen. George Mitchell, baseball Commissioner Bud Selig and players union chief Donald Fehr will proceed as scheduled.

Radomski was a central figure in Mitchell’s report, released Dec. 13. The former Mets employee cooperated with Mitchell investigators, providing checks and information that helped identify alleged drug users and suppliers in the game.

One of Radomski’s customers was McNamee, the former Toronto Blue Jays and New York Yankees strength and conditioning coach who told Mitchell he injected Clemens with steroids and human growth hormone between 1998 and 2001, and injected Pettitte with HGH.

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Clemens disputed McNamee’s claims in a “60 Minutes” interview and in a news conference this week. In the lawsuit against McNamee, the pitcher’s attorney claims McNamee was pressured by federal authorities to implicate Clemens.

McNamee, however, has said the statements he gave to Mitchell are accurate.

McNamee and Clemens say they are prepared to answer questions from committee members under oath, although McNamee’s attorney, Earl Ward, said the trainer is seeking immunity from steroid distribution charges before providing either the deposition or detailed testimony before the committee.

“Our opinion is he won’t be charged if he continues to cooperate, but we want to make sure that’s the case among all possible authorities,” Ward said.

Immunity was not given to players who testified to the committee in 2005, including Mark McGwire, Sammy Sosa and Rafael Palmeiro.

“If we don’t get immunity, we’ll have to look at it again to see if it’s realistic someone will come after him,” Ward said.

Clemens’ attorney, Rusty Hardin, said in a prepared statement Wednesday: “We’re in contact with members of the staff and will work through the details of this change in plans with them. We are continuing to cooperate fully with the committee and Roger looks forward to one day testifying under oath in a public hearing.”

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The additional time will free Radomski to speak without the burden of an active criminal case, and, with the depositions, provide a more thorough investigation into the issues raised by the Mitchell Report.

“So much has gone on since the report came out, I think the committee has realized discretion is the better part of valor,” Tobias said.

“Postponing the hearing will provide additional time to coordinate the committee’s investigation with the Justice Department’s ongoing efforts,” Reps. Henry Waxman (D-Beverly Hills) and Tom Davis (R-Virginia) said in a joint statement Wednesday.

Ward said McNamee will have a meeting today in New York with Assistant U.S. Attorney Matthew Parrella from San Francisco and Jeff Novitzky, the Internal Revenue Service special agent who has supervised the BALCO investigation since the Bay Area laboratory was raided in 2003.

The two will be in New York for former Olympic gold medalist Marion Jones’ sentencing Friday for lying to federal agents about her steroid use and a counterfeit check scam, and “wanted to stop by and talk to Brian,” Ward said. “It’ll be an informational thing to talk about the things that have happened after the report came out, and ask some questions.”

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lance.pugmire@latimes.com

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