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The most anticipated trial after Barry Bonds ended in almost the same fate with the Bonds? case. Judge Reggie Walton declared mistrial on the perjury case of star pitcher Roger Clemens. The trial which is only on its second day is a big blow to the government?s effort in pursuing professional athletes using steroids.
Judge Declared Mistrial
The prosecution?s arsenal of evidences could have convicted Roger Clemens for lying about his steroid use but their negligence or deliberate defiance of Judge Walton?s pre-trial instructions resulted to an early windup of the case. The prosecution presented to the jury a video of the Congressional investigation in 2008. The video clip showed Rep. Elijah Cummings making positive comments about the credibility of Andy Pettitte as a witness in the enquiry. Pettitte, Clemens former team mate, is one of the witnesses of the prosecution. He is expected to tell the jury that Clemens confided to him about the latter?s use of human growth hormone.
Rep. Cummings also read a deposition of Laura Pettitte, Andy?s wife, claiming that his husband told her about Clemens? admission of human growth hormone use. Judge Walton immediately halted the presentation and called the lawyers at his bench. The transcript appearing below the paused video presentation reads: ?I, Laura Pettitte, do depose and state, in 1999 or 2000, Andy told me had a conversation with Roger Clemens in which Roger admitted to him using human growth hormones.?
Judge Walton already told the prosecution that they can?t use Laura?s testimony because it was an inadmissible evidence. He instructed them to strike out from presentations any of Laura?s statement or even calling Laura as a witness in the trial. But the prosecution committed a big mistake when they showed it to the jurors. ?I think that a first-year law student would know that you can?t bolster the credibility of one witness with clearly inadmissible evidence,? Judge Walton told the prosecution.
Prosecution Erred for the Second Time
The irritated judge scolded the prosecution for their flawed strategy and disregard of his orders. Judge Walton already called the attention of the prosecutors Wednesday for mentioning Andy Pettitte and two other team mates that they had used human growth hormones. The judge believes that the video presentation might have influenced the jurors. ?Mr. Clemens has to get a fair trial. In my view, he can?t get it now, and that was caused by the government,? he said.
Judge Walton said that he was very troubled how the prosecution handles the case. ?A lot of government money has been used to reach this point. The government should have been more cautious. I don?t see how I can un-ring the bell,? he added. A former prosecutor also commented on the error committed by the government. ?How could the government not have reviewed each piece of evidence after the court?s pretrial rulings? This is crucially important, and prosecutors have to do this all the time,? said former prosecutor Harry Sandick.
Hearing for Possible Retrial
Judge Walton scheduled a hearing on September 2 for a possible retrial of the Roger Clemens? perjury case. Legal observers believed that the government will seek for a retrial of the case. Though the issue of double jeopardy may come out, legal experts said it was unlikely because the proceeding has just started. ?Generally speaking, mistrial does not bar a trial of the defendant when the defendant requested the mistrial,? said Sandick.
Clemens Silent
Roger Clemens declined to comment on the case when asked by the media. His lawyer, Rusty Hardin, also declined to give any statement because of the gag order issued by Judge Walton. For now, this is a victory for Clemens
Judge Declared Mistrial
The prosecution?s arsenal of evidences could have convicted Roger Clemens for lying about his steroid use but their negligence or deliberate defiance of Judge Walton?s pre-trial instructions resulted to an early windup of the case. The prosecution presented to the jury a video of the Congressional investigation in 2008. The video clip showed Rep. Elijah Cummings making positive comments about the credibility of Andy Pettitte as a witness in the enquiry. Pettitte, Clemens former team mate, is one of the witnesses of the prosecution. He is expected to tell the jury that Clemens confided to him about the latter?s use of human growth hormone.
Rep. Cummings also read a deposition of Laura Pettitte, Andy?s wife, claiming that his husband told her about Clemens? admission of human growth hormone use. Judge Walton immediately halted the presentation and called the lawyers at his bench. The transcript appearing below the paused video presentation reads: ?I, Laura Pettitte, do depose and state, in 1999 or 2000, Andy told me had a conversation with Roger Clemens in which Roger admitted to him using human growth hormones.?
Judge Walton already told the prosecution that they can?t use Laura?s testimony because it was an inadmissible evidence. He instructed them to strike out from presentations any of Laura?s statement or even calling Laura as a witness in the trial. But the prosecution committed a big mistake when they showed it to the jurors. ?I think that a first-year law student would know that you can?t bolster the credibility of one witness with clearly inadmissible evidence,? Judge Walton told the prosecution.
Prosecution Erred for the Second Time
The irritated judge scolded the prosecution for their flawed strategy and disregard of his orders. Judge Walton already called the attention of the prosecutors Wednesday for mentioning Andy Pettitte and two other team mates that they had used human growth hormones. The judge believes that the video presentation might have influenced the jurors. ?Mr. Clemens has to get a fair trial. In my view, he can?t get it now, and that was caused by the government,? he said.
Judge Walton said that he was very troubled how the prosecution handles the case. ?A lot of government money has been used to reach this point. The government should have been more cautious. I don?t see how I can un-ring the bell,? he added. A former prosecutor also commented on the error committed by the government. ?How could the government not have reviewed each piece of evidence after the court?s pretrial rulings? This is crucially important, and prosecutors have to do this all the time,? said former prosecutor Harry Sandick.
Hearing for Possible Retrial
Judge Walton scheduled a hearing on September 2 for a possible retrial of the Roger Clemens? perjury case. Legal observers believed that the government will seek for a retrial of the case. Though the issue of double jeopardy may come out, legal experts said it was unlikely because the proceeding has just started. ?Generally speaking, mistrial does not bar a trial of the defendant when the defendant requested the mistrial,? said Sandick.
Clemens Silent
Roger Clemens declined to comment on the case when asked by the media. His lawyer, Rusty Hardin, also declined to give any statement because of the gag order issued by Judge Walton. For now, this is a victory for Clemens
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