Report: Clemens' trainer's attorneys seek extension

Attorneys for Roger Clemens' former trainer filed a motion in Houston on Wednesday seeking more time to produce a statement from a federal prosecutor who Brian McNamee says pushed him to speak with former Sen. George Mitchell, the Daily News reported Thursday.

Mitchell based part of his report on the use of performance-enhancing drugs in baseball on McNamee's statements. Clemens filed a lawsuit against McNamee in January, claiming his former trainer's statements were defamatory.

U.S. District Judge Keith Ellison asked McNamee's attorneys, Richard Emery and Earl Ward, to provide "statements from the prosecutors and investigators involved" by Nov. 18.

Emery and Ward, who asked for an extension to Dec. 18 to produce the evidence, insist McNamee's statements to Mitchell are privileged because the trainer was cooperating with a criminal investigation.

"He (Ellison) wants to have something clear to refer to and we should be able to provide him with that by (Dec. 18)," Emery said. "We have every reason to believe they will cooperate."

Lawyers for Clemens have asked why McNamee's statements fall under privilege since Mitchell was a private citizen acting on behalf of Major League Baseball.

"Without law enforcement having a purpose, to extend privilege is unheard of in the law," attorney Lara Hollingsworth said after a hearing last week.