MLB Capsules: Clemens seeks to dismiss indictment

WASHINGTON (AP) — Former star pitcher Roger Clemens has asked a judge to dismiss his indictment on charges of obstructing a congressional investigation into the use of performance-enhancing drugs in baseball.

A motion filed Friday evening by Clemens' attorneys argues the indictment is vague and contains too many separate accusations of lying in one count.

The motion states that that could cause jurors who don't unanimously agree to still convict Clemens in violation of his constitutional rights.

For instance, the motion says some jurors might vote to convict, believing Clemens lied about using human growth hormones but not steroids, while others might vote to convict believing the opposite. The attorneys say the Constitution requires that any conviction be based on a unanimous verdict for each element of the charged offense.

"A trial of the government's laundry list obstruction count would fundamentally prejudice Mr. Clemens," his attorneys wrote.

Clemens is accused of lying to the House Committee On Oversight and Government Reform during a deposition and subsequent hearing in February 2008. His attorneys say the indictment accuses the former pitcher of 15 distinct false statements that would require different proof, witnesses and evidence in "a single kitchen sink count."

"As an example, the government will need to present completely different evidence to prove that Mr. Clemens misled the House committee about the general availability of Vitamin B-12 in Major League clubhouses than it will to prove that Mr. Clemens lied about visiting a teammate's house for a barbecue nine years earlier," the motion read.

Clemens attorneys said that even if the judge rejects their motion, he reserves the right to challenge the false testimony charge based on the "ambiguous questions" that were posed to him.

Earlier Friday, prosecutors said they wanted to prevent Clemens' lawyer from cross-examining his former teammate Andy Pettitte over claims that Clemens lied about using performance-enhancing drugs.

Prosecutors filed a motion arguing that defense attorney Rusty Hardin has a conflict of interest because he briefly advised Pettitte along with Clemens in early December 2007 just before the release of a report alleging both players used human growth hormone.

Clemens has steadfastly denied the allegations and has long fought any suggestion that he cheated during a 23-season career that ended with 354 wins, 4,672 strikeouts and seven Cy Young awards.

But Pettitte admitted using the drug and said Clemens admitted privately he did as well.

Prosecutors intend to call Pettitte as a witness in the trial scheduled for this summer. They said Hardin's conflict can be resolved if another attorney representing Clemens cross examines Pettitte, but asked a judge to hold a hearing on the matter.

Prosecutors also said they plan to introduce evidence from the four teams that Clemens played for — the Boston Red Sox, Toronto Blue Jays, New York Yankees and Houston Astros — along with Major League Baseball. The Justice Department did not reveal what the evidence would be, but listed the teams and league among nearly 50 businesses that they plan to introduce records from at trial. Pettitte pitched for the Yankees and Astros.

Judge: Former players to testify at Bonds trial

SAN FRANCISCO (AP) — Some of Barry Bonds' former teammates, along with other retired Major League Baseball players and perhaps current player Jason Giambi, will have to testify at the slugger's upcoming perjury trial, a federal judge said Friday.

State News

Hamilton getting healthy, ready for arbitration

ARLINGTON (AP) — Josh Hamilton is swinging a bat again and regaining his energy after spending six days in the hospital with pneumonia.

Now the AL MVP is preparing for spring training and the likelihood of a salary arbitration hearing since the $12 million he has asked for is $3.3 million more the AL champion Rangers have offered.

"I’m counting on (a hearing) right now," Hamilton said Friday.

A hearing is scheduled Feb. 14 if the two sides don’t come to an agreement on a contract for 2011, or maybe even a longer-term deal. Hamilton isn’t concerned about the possibility of a hearing.

"It’s not bad. I could be digging a ditch somewhere," he said. "It really hasn’t been in the forefront of my mind. Either way, whatever happens, I’ll be OK."

If the case goes to an arbitrator, Hamilton gets the $8.7 million that Texas offered or the amount he asked for when they exchanged figures this week. Either will be a significant increase over the $3.25 million he made last season, when hit a majors-leading .359 with 32 homers and 100 RBIs despite missing most of the final month of the regular season with broken ribs.

It has been 11 years since the Rangers went to an arbitration hearing with a player.

"Our preference would be to avoid (a hearing)," Rangers general manager Jon Daniels said. "The reality is sometimes reasonable well-intentioned people disagree, and that’s why the process is set up the way that it is. ... You’d like to think we don’t have to, but if we have to use it, we will."

A three-time All-Star, Hamilton was limited to 89 games in 2009 primarily because of injuries sustained crashing into outfield walls. His breakout season was with Texas in 2008, when he hit .304 with 32 homers and an AL-high 130 RBIs.

Now Hamilton is trying to get back to full health after the hospital stay during which his temperature reached as high as 105 degrees. He took some swings Friday for the second day in a row.

"The biggest thing is just getting my energy back. I’d say I’m 90 percent. I’m pretty close," he said. "I just came from the field, swinging. I felt better today than I did yesterday."

Hamilton lost about 10 pounds, down to about 223, during his illness. He hopes to gain 15 before spring training opens in Arizona next month and said that shouldn’t be a problem since he is getting his appetite back.

While there isn’t yet a huge urgency on doing a longer-term deal, since Hamilton’s first chance at becoming a free agent won’t come until after the 2012 season, the Rangers certainly would like to keep the slugger who has indicated his desire to stay.

"What I’d heard is the Rangers want to get the arbitration, the one year, done, and then maybe discuss something further," Hamilton said. "I’d love to stay in Texas for the rest of my career. We’ll see what happens. ... I’ll go play and the other stuff is going to take care of itself."

That has been a common move for the Rangers, though Daniels wouldn’t get into specifics about discussions with Hamilton.

"There’s no doubt that when Josh is healthy, no one’s questioning his talent or anything like that. We’re obviously a better team when he’s out there," Daniels said. "If we find a common ground to do something beyond a one-year deal, that’s great. If not, that doesn’t preclude us from doing it in the future."

Hamilton is just glad to be out of the hospital, where he doesn’t even remember some of the things that happened.

"I mean, it was just miserable. I heard I was acting a little crazy," he said. "My wife told me I got up a couple of times out of bed and pulled my IV out. So I was leaving. I don’t remember any of that stuff. It was just kind of in and out of, not consciousness, just reality, I guess."

When his wife, Katie, was driving him to the hospital, Hamilton kept asking her if they were going to Rangers Ballpark.

Hamilton said he had an upper respiratory infection during Christmas, which is pretty normal for him that time of year. He got more seriously ill after several appearances with groups as large as 2,000 people.

"So I shook a lot of hands, took a lot of pictures. Then we flew up to Chicago to speak four times. At some point in that time, I got something," he said. "I like to think I saved some little old lady’s life by taking the bug from her."

-- Stephen Hawkins

Friday Roundup

Angels add Vernon Wells; Manny, Damon headed to T.B.

Three big-name outfielders found their new homes on a busy night in baseball.

CHICAGO (AP) — The Chicago White Sox have picked up their 2012 option on manager Ozzie Guillen’s contract. The announcement was made Friday, the opening day of the team’s winter convention.

Guillen, entering his eighth season as manager, agreed to a multiyear extension in September 2007 that ran through the upcoming season.

Known for his colorful language and wide-ranging opinions on just about every topic, the talkative Guillen has a 600-535 record. In his second year, he led the White Sox to a World Series title in 2005 — their first since 1917. He also guided Chicago to a division championship in 2008.

The White Sox went 88-74 a year ago, including one spurt of 26-5, and were in first place for 33 days but could not hold off the Minnesota Twins in the AL Central.

"It is my hope that we can get refocused on some of the positive energy we’ve had in the past and we can extend the relationship into the end of his career and the end of mine," said general manager Ken Williams, who was often at odds with Guillen last season.

Celebrating his 47th birthday a day earlier, Guillen said the announcement brought tears to his wife’s eyes. He thanked Williams and chairman Jerry Reinsdorf for believing in him.

"I love this city and these fans," said Guillen, who spent most of his playing career as a shortstop with the White Sox. "I want to be in Chicago."

Rays sign five to minor league contracts

ST. PETERSBURG, Fla. (AP) — Former New York Mets outfielder Chris Carter is among five players agreeing to minor league contracts with the Tampa Bay Rays.

The defending AL East champions announced Friday that Carter, right-handed pitchers Jonah Bayliss and Dirk Hayhurst and infielders Daniel Mayora and Ray Olmedo also received invitations to major league spring training.

The 28-year-old Carter appeared in 100 games for the Mets in 2010. He hit .263 with four homers and 24 RBIs.

Bayliss has spent parts of three seasons in the majors Kansas City and Pittsburgh, and Hayhurst’s professional career includes brief big league stints with San Diego and Toronto.

Mayora spent the 2010 at Double-A Tulsa in the Colorado Rockies organization. Olmedo has played portions of five seasons in the majors with Cincinnati and Toronto.

National League

N.Y. Mets add relievers Byrdak, Boyer

NEW YORK (AP) — Tim Byrdak and Blaine Boyer have agreed to minor league contracts with the New York Mets, giving the team two more options in the bullpen.

Byrdak, a 37-year-old left-hander, was 2-2 with a 3.49 ERA in 64 relief appearances for Houston last season, holding lefty hitters to a .213 batting average. He is 9-10 with a 4.35 ERA in nine big league seasons.

Boyer, a 29-year-old righty, was 3-2 with a 4.26 ERA in 54 appearances for Arizona in 2010, limiting right-handed hitters to a .198 average. He is 9-12 with a 4.63 ERA in six major league seasons.

Both relievers received invitations to major league spring training.

New York also hired former Mets second baseman Tim Teufel as manager of its Triple-A team at Buffalo. He managed the Mets’ Double-A Binghamton team last year.

Teufel’s staff will include pitching coach Ricky Bones and hitting coach Mike Easler.

Cardinals sign INF Punto to one-year contract

ST. LOUIS (AP) — Nick Punto has agreed to a $750,000, one-year contract with the St. Louis Cardinals, giving them insurance for rehabbing third baseman David Freese.

The 33-year-old Punto, a switch-hitter, was the Minnesota Twins’ opening day third baseman last year and also played shortstop and second base. He batted .238 in 88 games and had no errors at third, but battled hamstring injuries that twice landed him on the 15-day disabled list.

Freese had ankle surgery last summer and has been running but without turning.

The signing on Friday put the Cardinals’ major league roster at 40 players.

Elsewhere

Mays talks to students at Polo Grounds site

NEW YORK (AP) — Willie Mays sat on the stage of a grade school auditorium on the site of the old Polo Grounds, addressing a room full of attentive kids. A larger-than-life black-and-white photo of himself playing stickball served as the backdrop.

He was to give the "A" students a dozen baseballs along with three cream-colored, vintage 1951 jerseys, with "Giants" written across the front in script and his old number on the back. Discovering he was one baseball short, Mays pulled out a $100 bill and handed it to Kendryck Taveras, a very surprised fifth-grader.

"I’d rather have the $100," the grinning 11-year-old said. "I’m going to save it."

The Say Hey Kid gave these kids a day they’ll never forget.

"This is my neighborhood!" the 79-year-old Hall of Famer said to loud applause and one of a number of standing ovations. "They don’t know me. They wasn’t here when I was playing ball."

And then he painted a picture of what it was like, back when the ground where P.S. 46 stood was home to the famous No. 24.

"Right up the street here, St. Nicholas Place," he said, gesturing, remembering back six decades ago.

Another time, same place for Willie, likely the greatest living baseball player.

"I used to have maybe 10 kids come to my window. Every morning, they’d come at 9 o’clock," he said. "They’d knock on my window, get me up. And I had to be out at 9:30. So they’d give me a chance to go shower. They’d give me a chance to eat breakfast. But I had to be out there at 9:30, because that’s when they wanted to play. So I played with them for about maybe an hour."

Mays was back Friday where his big league career, bringing along the San Francisco Giants’ World Series trophy celebrating the team’s first title since 1954. In a charming talk, with Giants managing general partner Bill Neukom and President Larry Baer sitting in the front row, he made the "Willie, Mickey and the Duke" era of flannel uniforms seem real and vibrant in this iTouch age.

The kids had studied Mays’ life ahead of the assembly, and Taveras even wrote a biography about him, learning that he played in the Negro Leagues.

"It was cool!" he said after meeting the famous player.

Baer called the stickball photo of Mays his favorite image in sports.

"Weaving a legend to come back to where he made his mark and taking that trip through time made me cry," Baer said. "It’s such a return to an innocent time — after a game or before game, you’re by the ballpark playing ball with the kids?"

Mays talked about the famous trio of center fielders: himself for the Giants, Mickey Mantle across the Harlem River with the Yankees and Duke Snider over in Brooklyn with the Dodgers.

"We would go to the All-Star game and Mick and I would laugh at Duke," Mays recalled. "And we would laugh at him all the time and say, ‘Hey man, you can’t play this game. We’re better than you."’

Most of all, it was the neighborhood memories that made the connection.

"There was a drugstore on the corner, and I used to go buy ice cream every day. That was day games," he said, wearing his black-and-orange "SF" cap. "Night games I started at maybe say 4:30 or 5 o’clock. And they were always there to make sure that I would be there for them. I had a good time playing stickball."

Called up to the Giants in 1951, Mays was on deck when Bobby Thomson hit probably the most famous home run in baseball history, the "Shot Heard ‘Round the World" that won the pennant over Brooklyn.

The Giants moved west in 1957, and the Polo Grounds was demolished seven years later to make room for the Polo Grounds Towers. The kids knew that on the very same site they now learned math, Mays and others had created many famous baseball statistics. But a personal appearance made it real.

With Harold Reynolds serving as master of ceremonies and Arthur Tappan School Principal George Young serving as host, the students sang spirited renditions of "The Star-Spangled Banner" and "Take Me Out to the Ball Game."

Mays reminded the kids that their parents were their heroes, not athletes, and they should extend their education for as long as they can. Six children came onstage to ask him questions.

The Giants asked permission from the Yankees and Mets to hold the event in their territory. A team that makes sure to celebrate its own history — during November’s World Series parade, Mays rode in the same 1958 Chevy convertible he used in the celebration when the Giants moved to California.

It was a morning for tying together eras.

"What we’re tying to do with this is get some of our old-time fans to pass that loyalty on to younger fans here in New York," Neukom said. "You could love the Mets and Yankees and still care about the Giants, who started here."

Most interesting was Mays’ answer about his relationship Leo Durocher, Mays’ first manager on the Giants. A famously flamboyant bon vivant, Durocher was suspended by Commissioner Happy Chandler in 1947 for "association with known gamblers" and married actress Laraine Day.

Mays called Leo his mentor, and guide to Hollywood’s elite — from Frank Sinatra to Sammy Davis Jr. to Cary Grant.

"Every movie star I wanted to meet, Leo knew," Mays said. "I wanted to meet Dean Martin. We went to the studio, I got him. OK. Then Cary. Then Sammy. Then I said I wanted to meet Frank. He said, ‘No. No. No. You can’t meet Frank.’ He said, ‘You’ve got to go to Frank’s house and say, "Frank. I’m here. I’m want to do your yard." And then Frank will say either, "Get out of here, boy!" or "Bring him in!"’ So that was how I met Frank."

-- Ronald Blum