Government Errors,Judge Declares Mistrial In Roger Clemens Case Over Improper Evidence

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Walton said that prosecutors violated a court order today when they showed the jury of 10 women and two men a video clip of the 2008 hearing where Pettitte’s wife was discussed. Walton said he earlier ruled that any reference to an affidavit given to Congress by Laura Pettitte couldn’t be admitted into evidence in the government’s presentation of its main case

At issue was an earlier ruling in which the judge said he would not allow outside testimony or evidence from others about the credibility of certain key witnesses, including Andy Pettitte, a former teammate of Clemens.

According to theatlantic.com For the defense, on the other hand, the mistrial must seem like the memorable scene from The Natural in which the hero of the story miraculously snatches victory from the jaws of defeat. Clemens was facing one year or so in prison (my calculation) if he had been convicted by these jurors and sentenced by this judge. And the government had a very strong case against him. Now, all that is in jeopardy—as in "double jeopardy." Judge Walton has scheduled a September 2nd hearing to determine whether prosecutors may try Clemens again (even if they want to) or are barred from doing so by the rule that prohibits a defendant from being tried twice for the same crime

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