Ever since February, when Judge Reggie Walton and his old friend
Ken Griffey Sr. had a controversial, off-the-record discussion
about what a “good guy” Roger Clemens really is, insiders have been
speculating as to when and how Walton will end the case in Clemens’
favor. Now we have our answer (and it only took him a couple
days.)
ESPN is reporting that Walton today declared a mistrial in
USA vs. Clemens on the grounds that prosecutors showed
inadmissable evidence to the newly-minted jury. Apparently,
prosecutors showed a video of Clemens’ 2008 testimony, in which a
congressman on the tape referred to some inadmissable statements
made by Andy Pettite. “I think a first-year law student would know
that you can’t bolster the credibility of one witness with clearly
inadmissable evidence” Walton was quoted as saying.
Clemens’ attorney Rusty Hardin will argue for the case’s
complete dismissal at a double-jeopardy hearing on September 2. In
the meantime, Roger can breathe easy. I imagine he and wife Debbie
will be enjoying a nice dinner with good ol’ Rusty this evening
somewhere in Washington, D.C.
Prosecutor Steven Durham can catch the next train to
Pawtucket.
Casey Abell| 7.14.11 @ 1:30PM
The government screwed up? Shocking.
Willy| 7.14.11 @ 1:38PM
If lying to Congress is truly a crime there are 535 members who should be indicted. What a waste of money for a silly trial.
JohnD| 7.14.11 @ 2:03PM
Is the judge going to make the prosecution pay for the cost of the trial they tainted with inadmissible, prejudicial evidence?
Occam's Tool| 7.14.11 @ 4:52PM
No, of course not. Loser pays would be a very good principle to introduce into US law.
fwb| 7.14.11 @ 3:00PM
The Constitution provides only 3 grants of punishment power for 4 areas of action. The areas are coutnerfeiting current coin and securities of the United States, piracies and felonies committed on the high seas, offenses against the law of nations, and lastly treason. Congress has no other punishment whatsoever. All 4000+ laws that have been passed prescribing punishments in areas outside those explicitly granted are unconstitutional. All persons persecuted under those laws have been persecuted/prosecuted illegally.
We the People need to learn exactly what authorities each level of our governmental system is delegated. And We the People must hold the government's collective feet to the fire to keep THEM in their place.
BD57| 7.14.11 @ 3:29PM
Let's see ....
1) Judge tells prosecutors they can't do something.
2) Prosecutors do something ... twice.
3) Judge declares mistrial after something #2.
Explain again why I'm supposed to be upset with the Judge ....
Wayne | 7.14.11 @ 11:52PM
Well I can see where the prosecution could have done this intentionally if it means having a new trial with a different judge. Lets face it there are two different forms of justice, one for celebrities and the other for the rest of us.
weddingdress | 7.15.11 @ 4:58AM
We the People need to learn exactly what authorities each level of our governmental system is delegated. And We the People must hold the government's collective feet to the fire to keep THEM in their place.
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