from www.nydailynews.com – Mindy McCready says in an on-camera interview during her soon-to-be-released sex tape that she first had sex with former Yankee Roger Clemens when she was 21, and that the Rocket suffered “a lot of the time” from erectile dysfunction.

McCready’s attorney Adam Dread had told the Daily News last month that he was seeking to get an injunction to prevent the tape’s release, but said Thursday night he and his client were “moving on.” Vivid Entertainment will release the tape Tuesday, although portions are already on the Internet.

In the snippets, a male interviewer asks McCready about Clemens’ bedroom performance and when the two first had sex. The News first reported in 2008 that McCready met Clemens when she was 15, a point that McCready re-confirmed to The News last August during an interview. Clemens was a married Red Sox ace when they met in 1991 and McCready spent the night with Clemens at his hotel. In the tape, she says she watched a “Walter Matthau” movie with Clemens that night and that the two took a shower together.

Asked if Clemens was good in bed, McCready says at one point in the tape, “When he could get it up.”

The News reported last month that during McCready’s interview with the FBI in conjunction with Clemens’ perjury investigation, the feds asked McCready about whether Clemens experienced erectile dysfunction, a common side effect for steroid users. Clemens has denied ever using performance-enhancing drugs.

Dread had sought to get an injunction, but has now changed course. He does say that McCready was not in the appropriate mental state when she signed off on the rights to the tape.

“I talked to Mindy and we decided why spend all the money, energy and time on fighting this when it will be leaked anyway,” Dread told The News Thursday night.

“I can tell you this, she certainly didn’t have the mental capacity to enter into an agreement if she signed off on this. But we’re moving on. She’ll devote her time to her new album that is out and to her family.”