- Associated Press - Thursday, January 27, 2011

WASHINGTON | The Justice Department asked a federal judge on Thursday to question star pitcher Roger Clemens about his knowledge of a potential conflict of interest his attorney may have involving former teammate-turned-prosecution-witness Andy Pettitte.

Prosecutors filed a memo suggesting questions U.S. District Judge Reggie Walton should pose to Clemens and his attorneys at a hearing on the matter next Wednesday in federal court in Washington.

They say the judge should ask the seven-time Cy Young Award winner if he understands that lawyer Rusty Hardin has a potential conflict because he briefly advised Pettitte shortly before the release of a report in December 2007 that said both players had used human growth hormone. Prosecutors also want to make sure that Clemens’ attorneys have not revealed to him any information regarding their representation of his former teammate and asked the judge to ensure that Clemens still wants Hardin and his Houston-based firm to represent him.

Clemens denies that he used any performance-enhancing drugs. Pettitte has admitted that he did and said Clemens admitted privately to him that he did as well.

Clemens is scheduled to go on trial in July on charges of lying to Congress about his use of performance-enhancing drugs, and prosecutors are expected to call Pettitte as a witness against him.

The Justice Department has proposed a potential resolution could be to have Michael Attanasio, another Clemens defense attorney not affiliated with Hardin’s firm, cross-examine Pettitte.


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