Judge Declares Mistrial For Roger Clemens Case

[privateinvestor]

By JESSE J. HOLLAND

updated 12:10 p.m. ET July 14, 2011

WASHINGTON - The judge declared a mistrial in baseball star Roger Clemens' perjury trial over inadmissible evidence shown to jurors.

U.S. District Judge Reggie Walton said Clemens could not be assured a fair trial after prosecutors showed jurors evidence against his orders in the second day of testimony.

Walton scheduled a Sept. 2 hearing to determine whether to hold a new trial.






nbcsports.msnbc.com/id/43740771/ns/sports-baseball/

[swamp]

::after prosecutors showed jurors evidence against his orders in the second day of testimony.::

Asshats.

And someone please remind me again why Congress was even involved in this issue?

[Mad Dawg Wiccan]

If the evidence was inadmissable, I wonder how it got shown in the first place?

[swamp]

Jul 14, 2011 12:01:51 GMT -5 Mad Dawg Wiccan said:

If the evidence was inadmissable, I wonder how it got shown in the first place?

The prosecutors have it, they were told not to use it as a result of some pretrial hearings. They did it anyway. Inexcusable.

[AgeOfEnlightenmentSCP]

Jul 14, 2011 12:01:13 GMT -5 swamp said:

::after prosecutors showed jurors evidence against his orders in the second day of testimony.::

Asshats.

And someone please remind me again why Congress was even involved in this issue?

Someone please tell me why lying to Congress is a crime? Sure as shit isn't a crime for Congress to lie to us.

[Mad Dawg Wiccan]

The prosecutors have it, they were told not to use it as a result of some pretrial hearings. They did it anyway. Inexcusable.

I don't understand why the judge didn't stop them. Pretty stupid of the prosecution to even try.

[privateinvestor]

WASHINGTON

The federal perjury trial of former star pitcher Roger Clemens was declared a mistrial Thursday after the jury was shown a piece of evidence that was previously ruled inadmissible by the judge.

US District Judge Reggie Walton scolded prosecutors for allowing the jury to see a piece of video of Clemens' 2008 testimony to Congress which he had barred them from introducing in his pre-trial rules.





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Once the video was shown, defense attorney Rusty Hardin quickly motioned for a mistrial and the proceedings came to a halt. Walton then returned after about an hour-long break.

"Ladies and gentlemen, we have taken about a week out of your life," Walton said, according to FOX News Channel. "We have expended a lot of taxpayers' money to reach this point. Unfortunately, there are rules that we play by and those rules are designed to ensure that both parties receive a fair trial. When a judge makes a ruling about evidence that can and cannot be presented, there is an obligation on the part of the lawyers to comply with that ruling.

"The government did not take the effort that it should have taken to alter its evidence to comply with the ruling that I made. As a result of that in my view the ability of Mr. Clemens with this jury to get a fair trial would be difficult if not impossible ... I have to declare a mistrial and terminate these proceedings."

Walton apologized to the jury but said he had "no alternative," and set a Sept. 2 hearing to determine the next step in the case.

Clemens, a seven-time Cy Young winner, was charged with federal perjury, obstruction and making false statements and faced possible prison time if convicted. The 48-year-old was accused of lying to Congress in 2008 by declaring under oath that he had never used steroids during his career.

The barred piece of evidence was a portion of the video of Clemens' testimony before Congress that involved a statement by the wife of Clemens' former teammate Andy Pettitte. In the statement, Laura Pettitte recounted a discussion with her husband in which he said Clemens had admitted using human growth hormone.

Walton said the statement from Ms. Pettitte was hearsay evidence and barred prosecutors from using it at trial.

"I don't like making orders and lawyers not abiding by them," Walton said to Assistant US attorney Steven Durham. "This clearly runs afoul of my pre-trial rules."

"I think a first year law student would know that you can't bolster the credibility of a witness with clearly inadmissible evidence," he added.

msn.foxsports.com/mlb/story/Judge-declares-mistrial-in-Roger-Clemens-steroid-perjury-case-071411

[swamp]

Jul 14, 2011 12:05:26 GMT -5 AgeOfEnlightenmentSCP said:

Jul 14, 2011 12:01:13 GMT -5 swamp said:

::after prosecutors showed jurors evidence against his orders in the second day of testimony.::

Asshats.

And someone please remind me again why Congress was even involved in this issue?

Someone please tell me why lying to Congress is a crime? Sure as shit isn't a crime for Congress to lie to us.

because congress said so?

[pepper112765]

More wasted taxpayer money ....

[swamp]

Jul 14, 2011 12:06:38 GMT -5 Mad Dawg Wiccan said:

The prosecutors have it, they were told not to use it as a result of some pretrial hearings. They did it anyway. Inexcusable.

I don't understand why the judge didn't stop them. Pretty stupid of the prosecution to even try.

Who knows, but it was really stupid.

ETA: Just read PI's link, they were told to edit a video and they didn't. Sounds like someone dropped the ball. Or is completely stupid and didn't think it would be a big deal. Either way, they have no business being a US Attorney.

[Deleted]

Sounds like the prosecution is a closet Clemens fan and wanted to get the case kicked.

[privateinvestor]

Jul 14, 2011 12:12:44 GMT -5 ArchietheDragon said:

Sounds like the prosecution is a closet Clemens fan and want to get the case kicked.

The legal experts last night on ESPN said that this time the Federal Prosecutors had a strong case against Clemens with syringes and DNA and the testimony of his trainer who injected him with steroids. So some of the ESPN sportscasters were all laughing because it seemed as if Clemens may be facing some serious jail time if convicted and that was a distinct possibility..

Now this happens...what a farce our legal systems has become lately

[swamp]

Jul 14, 2011 12:23:06 GMT -5 @privateinvestor said:

Jul 14, 2011 12:12:44 GMT -5 ArchietheDragon said:

Sounds like the prosecution is a closet Clemens fan and want to get the case kicked.

The legal experts last night on ESPN said that this time the Federal Prosecutors had a strong case against Clemens with syringes and DNA and the testimony of his trainer who injected him with steroids. So some of the ESPN sportscasters were all laughing because it seemed as if Clemens may be facing some serious jail time if convicted and that was a distinct possibility..

Now this happens...what a farce our legal systems has become lately

Makes you wonder about the prosecutors. If the case is so strong, why muck it up by using inadmissable evidence?

[privateinvestor]

Here's what I was refering to Roger Cossack who is the legal beagle on ESPN:


sports.espn.go.com/mlb/news/story?id=6760720&source=MLBHeadlines

[floridayankee]

Jul 14, 2011 12:23:06 GMT -5 @privateinvestor said:

Now this happens...what a farce our legal systems has become lately

Admit it PI....You're just a biased, disgruntled BoSox fan upset that the Rocket ended up finishing his career with the Yankees.

Twice.

[privateinvestor]

Jul 14, 2011 12:41:17 GMT -5 floridayankee said:

Jul 14, 2011 12:23:06 GMT -5 @privateinvestor said:

Now this happens...what a farce our legal systems has become lately

Admit it PI....You're just a biased, disgruntled BoSox fan upset that the Rocket ended up finishing his career with the Yankees.

Twice.

That is partly true but again I think both Bonds and Clemens were heavy into steroids and are lying their big fat asses off to get elected to the Hall of Fame...just one man's opinion..

They both have such enormous egos that they cannot stand being questioned about their steroid use or it is none of our business

[fairlycrazy23]

I have mixed feelings on this, you shouldn't lie to Congress when you are giving testimony, however, Congress should never have been involved in this in the first place.

[steff]

Seems like if you are going to try and make an example out of someone, you should have your ducks in a row before you play a video in court. Instead they fucked the duck and their 'example' gets to walk away with a smile.

[privateinvestor]

Jul 14, 2011 13:24:24 GMT -5 steff said:

Seems like if you are going to try and make an example out of someone, you should have your ducks in a row before you play a video in court. Instead they fucked the duck and their 'example' gets to walk away with a smile.

Not really they may re try Clemens again..so don't throw in the towel just yet

Walton scheduled a Sept. 2 hearing to determine whether to hold a new trial. He told jurors he was sorry to have wasted their time and spent so much taxpayer money, only to call off the case.


Also not sure if Bonds will be re tried again but his defense team wants a complete dismissal to clear his name but he is already convicted by the Baseball World as another steroid cheater..

[steff]

I don't really care one way or the other what they do with the Rocket...he's already lost most of his hometown fan base. I just think it's funny that on day 2 the prosecution didn't just drop the ball, they royally eff'ed it up all the way around by being stupid. The backlash from that could be enough to not have another trial...or they could go ahead and try try try again.


Besides it's about baseball.... not nearly as exciting as football and more sleep inducing than men's figure skating, gymnastics & golf combined.

[Deleted]

I'm with the people who want to know why this a Congressional issue? As Paul said, why is it okay for Congress to lie (constantly) to the people of this country but you're not supposed to lie to Congress....on something that shouldn't even be in a Congressional hearing. Here's my question to those who want these guys condemned: Has either player (Bonds or Clemens) EVER tested positive for steroid use? Another question is this: Why does Alex Rodriguez get a "free pass" for ACTUALLY confirming he used steroids?

[privateinvestor]

Jul 14, 2011 13:39:44 GMT -5 @financialtexan said:

I'm with the people who want to know why this a Congressional issue? As Paul said, why is it okay for Congress to lie (constantly) to the people of this country but you're not supposed to lie to Congress....on something that shouldn't even be in a Congressional hearing. Here's my question to those who want these guys condemned: Has either player (Bonds or Clemens) EVER tested positive for steroid use? Another question is this: Why does Alex Rodriguez get a "free pass" for ACTUALLY confirming he used steroids?

From what little I know Congress decided to hold hearings on steroid use in baseball and had some reports that named names so Clemens asked to testify before congress because his name was on this list...the Federal Attorneys who watched these proceedings think Clemens lied his ass off so they began a two year investigation to nail his fat butt...and they just struck out big time...and wasted tons of tax payers money but Clemens lost too because sport writers have said they think he cheated big time...

[Driftr]

Jul 14, 2011 12:12:44 GMT -5 ArchietheDragon said:

Sounds like the prosecution is a closet Clemens fan and wanted to get the case kicked.

This makes the most sense to me.

[Deleted]

My question is: Why did Congress feel the need to get involved in this in the first place? They picked Clemens AND Bonds because they were the 2 biggest names on the list.

My original question still hasn't been answered: Has Clemens OR Bonds EVER tested positive for steroid use? And: Why does A-Rod get a "free pass"?

[privateinvestor]

Jul 14, 2011 13:59:25 GMT -5 @financialtexan said:

My question is: Why did Congress feel the need to get involved in this in the first place? They picked Clemens AND Bonds because they were the 2 biggest names on the list.

My original question still hasn't been answered: Has Clemens OR Bonds EVER tested positive for steroid use? And: Why does A-Rod get a "free pass"?

A had a few clients at Golds Gym a few years ago who played in the Giants farm system and they told me it was common knowledge in baseball that both Clemens and Bonds were heavy into steroids but they were being protected by MLB but then congress and the Feds got involved and decided to go after these two guys.

[Driftr]

Jul 14, 2011 13:59:25 GMT -5 @financialtexan said:

My question is: Why did Congress feel the need to get involved in this in the first place? They picked Clemens AND Bonds because they were the 2 biggest names on the list.

Didn't Clemens pick himself because he wanted to clear his 'good name'? If he'd gotten in front of Congress and said, yes I did it, I don't think this trial would have taken place. It's a trial for lying to Congress right? And they think they have the evidence that he lied to them.

My original question still hasn't been answered: Has Clemens OR Bonds EVER tested positive for steroid use?

I don't think so.

And: Why does A-Rod get a "free pass"?

He hasn't.

[Deleted]

A-Rod hasn't gotten a "free pass"? Really? People are still talking about him being a first-ballot HOF'er. That's not the case for Bonds or Clemens. Clemens may have "picked himself" but what I'm saying is this should NEVER have been a Congressional issue in the first place.

As far as PI's "common knowledge" info goes....common knowledge just means you've heard it forever and just believe it without checking facts. Now could they have been juiced? Yes. Were they? Maybe. Is my hat size bigger now that it was 5 years ago? Yes. Have I taken steroids? No. I've just gained weight.

That's what people are hanging their "common knowledge" on. They supposedly "look" like they were on steroids because they had a bigger hat size from when they started playing baseball. If there is actual proof as to their guilt then they are guilty. Clemens seems more at odds with that than Bonds ever did.

[floridayankee]

Jul 14, 2011 14:28:36 GMT -5 @financialtexan said:

A-Rod hasn't gotten a "free pass"? Really? People are still talking about him being a first-ballot HOF'er. That's not the case for Bonds or Clemens. Clemens may have "picked himself" but what I'm saying is this should NEVER have been a Congressional issue in the first place.

As far as PI's "common knowledge" info goes....common knowledge just means you've heard it forever and just believe it without checking facts. Now could they have been juiced? Yes. Were they? Maybe. Is my hat size bigger now that it was 5 years ago? Yes. Have I taken steroids? No. I've just gained weight.

A-Rod has also tested positive and admitted to using steroids.

[Deleted]

Jul 14, 2011 14:34:56 GMT -5 floridayankee said:

Jul 14, 2011 14:28:36 GMT -5 @financialtexan said:

A-Rod hasn't gotten a "free pass"? Really? People are still talking about him being a first-ballot HOF'er. That's not the case for Bonds or Clemens. Clemens may have "picked himself" but what I'm saying is this should NEVER have been a Congressional issue in the first place.

As far as PI's "common knowledge" info goes....common knowledge just means you've heard it forever and just believe it without checking facts. Now could they have been juiced? Yes. Were they? Maybe. Is my hat size bigger now that it was 5 years ago? Yes. Have I taken steroids? No. I've just gained weight.

A-Rod has also tested positive and admitted to using steroids.

Exactly. A-Rod ACTUALLY tested positive yet he's still considered to be in the HOF. It's kind of hypocritical don't you think?

[floridayankee]

Jul 14, 2011 14:38:44 GMT -5 @financialtexan said:

It's kind of hypocritical don't you think?

Hypocrites...Politics...Politicians.

You say poe-tay-toe, I say poe-tah-toe......