S
SlowNeasy
Guest
friggin incompetent government prosecutors
http://www.cnn.com/2011/CRIME/07/14/us.clemens.mistrial/
http://www.cnn.com/2011/CRIME/07/14/us.clemens.mistrial/
Washington (CNN) -- The perjury trial of ex-baseball all-star Roger Clemens ended in a mistrial Thursday after jurors heard statements in a prosecution video that the judge had ruled inadmissible until later in the case.
U.S. District Judge Reggie Walton said prosecutors should have modified a video that showed a congressman talking about a deposition from the wife of Clemens' old teammate, former New York Yankees pitcher Andy Pettitte, during a 2008 hearing. Walton had decided earlier that prosecutors couldn't include references to Laura Pettitte's testimony unless it was brought up on rebuttal.
"I can't in good faith leave this case in a situation where a man's liberty is at risk when the government should have taken steps to ensure that we were not in this situation,'' Walton said after Clemens' lawyers asked for a mistrial. "I don't see how I can unring the bell.''
The decision came on the second day of testimony in the case. Walton set a September 2 hearing on whether to retry the case, and prosecutor Steven Durham left the courtroom without comment.
Clemens, nicknamed "Rocket," is accused of perjury, obstruction of Congress and making false statements about his alleged use of steroids and human growth hormone. The former all-star pitcher testified under oath before the House Oversight and Government Reform Committee in 2008 that he never used illegal performance-enhancing substances during his career -- statements prosecutors say is contradicted by other witnesses and physical evidence.
Clemens was one of the most feared pitchers in all of baseball during his more than two decades in the major leagues. He retired with 4,672 strikeouts, seven Cy Young awards and two World Series titles.
He faced a maximum sentence of 30 years in prison and a $1.5 million fine on the counts against him.