|McNamee's lawyers ask for suit to be tossed out|
|Written by Admin|
|Tuesday, 04 March 2008 19:12|
McNamee's lawyers filed motions in U.S. District Court in Houston, where the case was moved after Clemens filed it in Texas state court.
Clemens claims he was defamed when McNamee, his former personal trainer, said the pitcher used steroids and human growth hormone from 1998-2001.
``Rather than acknowledging the truth of Mr. McNamee's allegations, Mr. Clemens has chosen to wage a public-relations battle against Mr. McNamee in the media and the Halls of Congress,'' the motion stated.
At the request of Congress, the FBI is investigating whether Clemens lied when he repeated denials under oath last month.
Perhaps setting up grounds for a countersuit, the motion to dismiss said McNamee's ``financial status has rapidly deteriorated.''
``He has earned little since this complaint was filed and has poor prospects of future employment,'' the motion said.
McNamee's lawyers said Texas was not the proper venue for the suit because their client's comments were made in New York about conduct of Clemens that took place largely in New York and Toronto.
McNamee's lawyers also asked that Rusty Hardin, Clemens' lead lawyer, be removed from the case because he also represented Andy Pettitte for a period last year.