I listen to Michael Kay on 1050 ESPN radio here in NY basically so I can hear someone (anyone!) talk Yankees baseball during the offseason. I have a feeling this is going to be the first in a long line of Michael Kay rants this year.
Today his royal YESness pontificated that Roger Clemens needs to sue George Mitchell and MLB and win in order to clear his name. If he doesn't sue, and more importantly, doesn't win, Kay believes he is guilty, and won't make the Hall of Fame.
First let me say that I am not a lawyer. But as I did stay in a Holiday Inn Express last night, allow me to say the following -
Kay needs to educate himself before he opens his mouth. The only way Clemens could sue would be if he sues MLB for defamation of character; essentially, slander. In order to win a slander suit you not only have to prove that the allegations were false, but also that the allegations were made with malicious intent. Clemens would not only have to prove that he didn't use steroids or HGH, but he would also have to convince a judge or jury that Mitchell (and by extension of Mitchell's immunity, MLB) knew that the allegations were false when he made them. If Clemens were successful at all of this, he would then have to prove that Mitchell made the allegations to purposely hurt Clemens.
This is the burden defamation suits are required to prove.
Proving that Clemens never did steroids and/or HGH is damn near impossible. If Clemens is somehow able to prove that he didn't do them, he's then gotta prove that Mitchell purposely lied in his report in a preconceived plan just to do harm specifically to Roger Clemens. Ha! Needless to say this would be a monumental and impossible task.
Personally, I'd love to see Clemens sue. He's got more than enough moolah to throw a couple of million at an attorney to try and sway the court of public opinion. What the hell - scream and yell about how you are innocent, sue every and anybody and at least you start to make a lot of people believe you. He won't win in court, but he may win his Hall of Fame plaque back.
As far as Kay is concerned I really should know better by now...a little thing like details will never hold him back from trying to impress us with his opinions!
