By John R. Goldman, Partner, Herrick, Feinstein LLP
The case against Roger Clemens has again taken center stage as the Government’s retrial slogs on. Whether Mr. Clemens is guilty or not guilty of the charges against him is for the jury to determine, not me.
It seems, though, that there are many people who feel that it is a major waste of the Government’s resources — including, most notably, our tax dollars — to pursue so zealously the charges against The Rocket. Those of this view might contend that Clemens has already been tried (and convicted) in the court of public opinion, so why is it necessary, they argue, for the Government to spend millions of dollars trying also to convict him in a court of law? That sounds like a pretty darn fair argument, right? It certainly does, but the Clemens retrial is necessary, in my view, for a different reason.
Most of us were told very early on in our lives that telling the truth and acknowledging our mistakes are critical to our moral fabric as individuals, and as a society. We all heard the story about George Washington cutting down the cherry tree and learned through that tale that being honest is the best policy. The case against The Rocket is not so much about whether he used HGH or any other performance enhancing drug (just like the “case” against George Washington was not really about whether he cut down the cherry tree). This case is about whether he told the truth and how he dealt with an apparent mistake. And, in my opinion, that is a big deal. The Rocket was a player who many of us — and our children — admired not just for his ability to throw a baseball but for what we believed was intense discipline and a tremendous work ethic that allowed him to play at a very high level for a very long time. Now, that incredible work ethic has been called into question. The question has now become: Was he that good for that long because of his workout regimen or another regimen?
We all make mistakes. A person’s character, though, is not shaped so much by the number or even the magnitude of his mistakes. Rather, it is shaped — and ultimately determined — by how the person deals with those mistakes. Acknowledging your mistakes, owning them, addressing them, and apologizing for them are almost always the best ways to deal with them (see George Washington and the cherry tree). Avoiding and/or denying your errors is almost always not. Perhaps the best way to illustrate this point is to compare the way Mr. Clemens handled the allegations of HGH/PED against him with the way Andy Pettite has handled the very same situation. Mr. Pettite acknowledged his mistake, addressed it head on and apologized. He was rightly applauded for this approach. Indeed, only days ago, Pettite returned proudly to pitch at Yankee Stadium for the first time in more than 18 months. Pettite and the Yankees lost the game, unfortunately. However, the fans adoration and respect for Pettite was abundantly — and triumphantly — clear. If The Rocket were to return to the mound today, would the fans reaction be the same?
Perhaps it is true that the court of public opinion has already ruled on this issue as it relates to Roger Clemens. Perhaps it has already determined his punishment. He will likely never be inducted into the Hall of Fame. His name will always be associated with the HGH controversy, and his legacy will always be marred by this incident no matter the outcome of the Government’s retrial. But what would be the message to our society — and most importantly, our children — if the Government were to abandon its prosecution on the basis that he has already suffered enough publicly? Shouldn’t we be concerned that those children might wrongly believe it is acceptable to deny and ignore our faults and indiscretions rather than acknowledge and confront them? After all, whether we like it or not, professional athletes are viewed by kids as role models, regardless of whether they want to or deserve to be. George Washington held himself accountable for is misdeeds. So did Andy Pettite. Did The Rocket? I suppose the jury will decide, as it should.
