Pitching great Roger Clemens and his lawyers are due in federal court Wednesday to explain how they plan to handle star prosecution witness Andy Pettitte's testimony alleging Clemens admitted using performance-enhancing drugs. Rusty Hardin is Clemens' defense attorney. But in December 2007, he advised both Clemens and Pettitte just before the release of an investigative report accusing both baseball players of using human growth hormone. Clemens denies he used the substance. Pettitte admits using it and has said Clemens admitted privately that he did as well.
Prosecutors say having advised both players creates a conflict of interest for Hardin and others in his firm who are representing Clemens as he prepares for his perjury trial this summer.
The prosecutors have proposed that another member of Clemens' legal team cross-examine Pettitte.