Ethics and the 75 percent

roger clemens

The 75 percent  number represents the votes needed by the Baseball Writers’ Association of America for a candidate to granted entry to baseball’s Hall of Fame. There were 569 ballots cast. On Wednesday, the BWAA announced that one of the greatest hitters and one of the greatest hitters in the history of baseball were denied entry.

Barry Bonds is the all-time home run leader. Roger Clemens is a seven-time Cy Young Award winner. Each received less than 40% of the votes cast. The BWAA has unequivocally decided that the use of performance enhancing drugs is a disqualifier for induction to baseball’s Hall of Fame.

Last year was the first test when Mark McGwire and Rafael Palmeiro fell short in the vote count.  You could make some argument that they would not have made it into the Hall of Fame even if they didn’t have the stain of performance enhancing drugs.

But Bonds and Clemens would have been first sure bets to be in the Hall of Fame, if it were not for the stain of performance enhancing drugs.  Their exclusion has to be because a large portion of the voting writers believes that taking steroids means you don’t have a bust in Cooperstown.

As early as 1991, Major League Baseball took the position that steroid use was against the rules. But it was not until 2005 that MLB adopted a formal policy, began testing, and issuing penalties.

I have to admit that I’m not a big baseball fan, but I am a Red Sox fan. You have to be if you grow up in Boston. That means my heart was broken in ’86 when the Mets beat the Sox. Roger Clemens was part of that Red Sox team. Ten year later Clemens left the team in what seemed like the twilight of his career.

But then came two incredible years in Toronto. His lights out pitching earned him two more Cy Young awards in Toronto. I look back and wonder this is where Clemens went down the dark path of performance enhancing drugs. When I look at fraud cases I always try find the triggering event for when the perpetrator stepped over the line and what caused him to do so.

Clemens was acquitted of lying about his steroid use. His legal prosecution is likely over. The court of public opinion, or at least the opinions of BWAA voters, stil consider him guilty.

Roger Clemens and Lying to the Feds

Roger Clemens taught us another important lesson in dealing with an investigation. Never lie to the feds.

Mark McGwire essentially proclaimed his guilt when he refused to answer questions about steroid use during his playing career at a congressional hearing. He may have lost in the arena of public opinion, but he will not have to continue in the courtroom arena.

Mr. Clemens said the following, under oath, at a Congressional hearing:

  • “I have not used steroids of human growth hormone.”
  • “I am just making it as perfectly clear as I can, I haven’t done steroids or growth hormone.”
  • “I never used steroids. Never performance-enhancing steroids.”

Instead of having to prove that Roger Clemens illegally took steroids, they just need to prove that he took steroids.

Martha Stewart was never convicted of insider trading. She was convicted of perjury lying to federal investigators. She lied about the circumstances of her trades.They did not have enough evidence to prove insider trading. But they did have enough lies to convict her of perjury.

Roger will now need to worry about trading his Yankees pinstripes for jail stripes. It’s probably going to be tough to get that Baseball Hall of Fame vote while being under federal indictment. Clemens is eligible to be placed on the ballot in 2012. He may need to be more worried about being eligible for parole.

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Image of Roger Clemens is by Keith Allison