Report:Clemens to toss out McNamee suit

Lawyers for Roger Clemens filed a motion in Brooklyn federal court to dismiss a defamation lawsuit by the pitcher's former trainer, claiming statements that accused Brian McNamee of trying to shake down Clemens were not serious.

Joe Roden, one of the attorneys representing Clemens, said the seven-time Cy Young award winner, lawyer Rusty Hardin and others were not serious when they questioned McNamee's mental state and accused him of manufacturing evidence, the New York Daily News reported Thursday.

"They are part of the public battle of words between the two camps, and in no way suggest to the average reader that McNamee is actually mentally unfit," wrote Roden, a lawyer with Hardin's firm.

The evidence referred to are used syringes and bloody gauze pads McNamee turned over to federal authorities. McNamee has said he injected Clemens with steroids and HGH over a period of several years, a claim the former pitcher has vehemently denied.

"Clemens never used steroids or HGH," Roden said. "Refuting false evidence is not defamation."

McNamee's attorney, Richard Emery, countered with a motion opposing a dismissal and said Clemens and his representatives have to take responsibility for their statements.

"There is no question that the statements from Clemens and his lawyer and spokesmen are a serious and nasty attack on Brian, accusing him of being a criminal and mentally unstable," Emery said. "That is part of the defamation here."