“The statements were not made in Texas or directed to residents of Texas,’’ the New Orleans-based appeals court said.
The three-judge court panel heard arguments in the case last month.
“We haven’t read it yet, but I can tell you what we would say,’’ Clemens’s lawyer, Rusty Hardin, said. “We understand that the vote was 2-1 and we’re going to look at it and see if we’re going to pursue it and make up our mind after we get a chance to read and digest it.’’
McNamee’s attorney, Richard Emery, didn’t immediately respond to telephone and e-mail messages from the AP.
Court appearance
Suspended Mets closer Francisco Rodriguez was released without bail and ordered to stay away from his girlfriend’s father, whom he is accused of attacking outside a family lounge at Citi Field.
Rodriguez was arrested and charged with third-degree assault after New York’s 6-2 loss to Colorado Wednesday night. The team put him on the restricted list without pay for two days, costing him more than $125,000.
Rodriguez, 28, is accused of grabbing 53-year-old Carlos Pena, hauling him into a nearby tunnel, hitting him in the face, and banging his head against the wall. Pena went to a hospital with a scrape and swelling above his right eyebrow.
Rodriguez did not enter a plea in a Queens courthouse. He did not speak, but nodded as the judge spoke to him.
“Ownership and the organization are very disappointed in Francisco’s inappropriate behavior and we take this matter very seriously,’’ Mets chief operating officer Jeff Wilpon said.
Said Mets center fielder Carlos Beltran: “No one should act like that.’’
Cueto suspended
Reds pitcher Johnny Cueto was suspended for seven games for his actions during a brawl in the first inning of Tuesday’s game with the Cardinals, and both managers were suspended for two games.
Major League Baseball said that Cueto, Cardinals manager Tony LaRussa, and Reds manager Dusty Baker also were fined undisclosed amounts. Four other players were fined but not suspended — Cardinals pitcher Chris Carpenter and catcher Yadier Molina, and Reds second baseman Brandon Phillips and reliever Russ Springer.
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