http://blog.chron.com/clemens/2011/07/walton-declares-a-mistrial-in-clemens-case/ The judge in Roger Clemens’ perjury trial declared a mistrial today following what he described as prosecutors’ improper introduction of inadmissible evidence. U.S. District Court Judge Reggie Walton abruptly ended proceedings in the second week after prosecutors played a videotape of Clemens’ congressional testimony that included a lawmaker referring to an inadmissible deposition from baseball player Andy Pettitte’s wife. Laura Pettitte’s deposition — which had earlier been excluded by Walton — recalled a conversation that she had with her husband in which he recalled Clemens’ admitting that he had used performance enhancing drugs. With anger and frustration rising in his voice, Walton said the statement was “clearly inadmissible.” He berated prosecutors for having included the excluded testimony in their presentation to the jury. “I don’t see how I un-ring the bell,” Walton said. Walton declared a brief recess and excused himself from court to consult with unnamed colleagues before returning to the courtroom with a decision. Walton said videotaped comments by Rep. Elijah Cummings, D-Md., during the congressional hearing had also contributed to declaring a mistrial because Cummings had evaluated the credibility of Pettitte and Pettitte’s wife. Pettitte, who played with Clemens on the New York Yankees and the Astros, is a “critical witness” in prosecutors’ efforts to convict Clemens on six counts of lying to Congress when he denied using performance enhancing drugs, Walton said. Clemens’ long-time strength coach, Brian McNamee, has told Congress in sworn testimony that he injected Clemens with the substances between 1998 and 2001. “We have a man’s liberty at stake,” Walton said, as he voiced reluctance to start a second trial. Government prosecutors “should have been more cautious in what they presented to this jury.” Walton added: “I can’t in good faith leave this case in a situation where a man’s liberty can be taken.” The judge set a Sept. 2 date for a hearing on whether prosecutors can pursue a second trial under protections against double jeopardy.
It's pathetic to see some on here actually advocating Clemens to get some time. Don't we have murderers or rapists or people like that who really deserve jail time? The guy used steroids and lied about it. Who the hell cares? Let the baseball people blast him. Don't waste the public's time and money on crap like this. Geez.
I'm pretty damn certain that Clemens is guilty, but this is shocking prosecutorial behavior even with my jaded opinion of DA's and law enforcement. The judge was spot on correct to call the mistrial after two colossal screw ups in the trial's first two days. You simply can't allow that kind of prejudicial commentary to reach the jury's ears, especially after the judge forbade mention of those subjects. The prosecution had their hand slapped in opening arguments when they mentioned steroid use by other Clemens teammates, and the judge lowered the boom when they brought in Pettite's wife's testimony with their first witness. I hope the judge doesn't allow a retrial. The prosecution should be held up to a minimum standard and they shouldn't be allowed a do-over after derailing this trial.
Clemens needs to go to pound me in the ass prison, which is ironically the same way he administered his steroids daily.
