Report: Clemens was not on 2003 list

NEW YORK -- Roger Clemens' lawyer says the pitcher is not among the more than 100 players who tested positive for performance-enhancing drugs in 2003.

Rusty Hardin told The New York Times that Clemens obtained the results from the drug-testing company and provided them to Congress before his 2008 testimony by waiving his right to keep them private.

The results would not affect a federal grand jury's investigation into whether Clemens should be indicted for perjury. Clemens disputed former trainer Brian McNamee's claims that he injected the pitcher with steroids and human growth hormone from 1998 to 2001. McNamee made no assertions about 2003, and HGH was not tested for them then.

Players were tested in 2003 as part of Major League Baseball's survey to determine if it was necessary to impose mandatory random drug testing across the major leagues in 2004. There were no penalties for a positive test in 2003.

Hardin said he was revealing the results now because Alex Rodriguez, and, most recently, Sammy Sosa, have been linked to the 2003 list.

"The only reason why I mention it now is because Roger is being mentioned with Sosa and Rodriguez, who have been tied to 2003 tests, and Roger didn't test positive," Hardin told The Times.

Clemens testified before the House Committee on Oversight and Government Reform in February 2008, when he and McNamee were questioned at length. Clemens denied using steroids and human growth hormone.

As part of the drug agreement between the union and MLB, the results of the testing of 1,198 players in 2003 were meant to be anonymous. Penalties began in 2004, and suspensions for a first positive test started in 2005.

Government agents initially obtained search warrants in 2004 for the drug-testing records of 10 players as part of its BALCO investigation that led to Barry Bonds' perjury indictment, but they found the more expansive list on a spreadsheet, obtained additional warrants and seized the larger group of records.

The union went to court, arguing the search was illegal, and three U.S. District judges agreed.

The government appealed, and a panel of the 9th U.S. Circuit Court of Appeals ruled for the government, but the entire 9th Circuit threw out the reversal and decided to hear the case itself. The hearing was in December, and the decision is pending. The losing side could then appeal to the Supreme Court.

Hardin told The Times that when the 2003 test results were given to the House committee, it was with the assumption "they had the ability to reveal anything we provided them."

The House committee report made public various medical records belonging to Clemens, and mentioned the 2003 test, but not the result.

Information from The Associated Press was used in this report.