MLB

Third day of federal agent testimony in Clemens trial

Federal agent Jeff Novitzky returns for a third day of testimony Monday in the Roger Clemens perjury trial, while behind the scenes Clemens' lawyers sought to strike the testimony of former teammate Andy Pettitte.
Former all-star baseball pitcher Roger Clemens and members of his legal team, including attorney Rusty Hardin, arrive at the U.S. District Court for the first day of jury selection in his perjury and obstruction trial. The former Boston Red Sox and New York Yankees pitcher's original trial in 2011 was declared a mistrial after the judge said the prosecution presented inadmissible testimony that prejudiced the jury. A seven-time Cy Young Award winner, Clemens is on trial for making false statements, perjury and obstructing Congress when he testified about steroid use during a February 2008 inquiry by the House Oversight and Government Affairs. (Chip Somodevilla/Getty Images)

Federal agent Jeff Novitzky returns for a third day of testimony Monday in the Roger Clemens perjury trial, while behind the scenes Clemens' lawyers sought to strike the testimony of former teammate Andy Pettitte.

Last week, Pettitte testified that Clemens told him he had tried human growth hormone, only to say under cross-examination that he might have misunderstood Clemens. As expected, Clemens' lawyers filed a motion asking that the jury not be allowed to consider the conversation between the two pitchers.

Pettitte said that it was "fair" to say that there was a 50 percent chance he misunderstood Clemens, his friend and one time mentor.

"The court should not allow the jury to consider an alleged ‘admission’ that has all the weight of a coin flip," Clemens' lawyers wrote in a filing Monday morning, before the resumption of the trial.

Clemens is accused of lying to Congress in 2008 when he denied using HGH and steroids.

Meanwhile, the government will conclude its re-direct questioning of Novitzky, an agent with the Food and Drug Administration. He has already been questioned by the government and cross-examined by Clemens' lawyer.

Last week, Novitzky described the physical evidence he had collected from Clemens' former strength coach, Brian McNamee. Prosecutors will try to prove the evidence shows the former baseball pitcher used steroids and human growth hormone.

Clemens' lawyers have said they will contend that the evidence has been tainted and contaminated.

McNamee is expected to testify later this week, perhaps as early as Tuesday.