Court transcript of events leading to Roger Clemens mistrial

[Millard]

Here is the court transcript of events leading to a mistrial in the Roger Clemens steroid case. Below is Judge Reggie Walton clearly blaming the government for screwing it up:

JUDGE WALTON: And sadly, I have reached a conclusion that to permit this case to go forward with the government having done what it did … Because it was the government's obligation, once I made my ruling, to go back, look at its evidence and make sure that the information that it would be presenting to this jury did not — did not — violate a clear ruling that this Court had made. And the government not having done that, and in my view having put this case in a posture where Mr. Clemens cannot now get a fair trial before this jury, I will declare a mistrial. I think what we have to do at this point is assess whether the government, having precipitated this mistrial, whether the government can now retry this case or whether re-prosecution is barred by double jeopardy.

MR. DURHAM: Your Honor, may we have an opportunity to brief Judge Walton's … may we now have an opportunity to brief Judge Walton's ruling on the mistrial?

JUDGE WALTON: You're not going to be able to convince me. Because if this man got convicted, from my perspective, knowing how I sentence, he goes to jail. And I’m not going to, under the circumstances, when this has happened, put this man's liberty in jeopardy. He's entitled to a fair trial; in my view, he can't get it now. And that was caused by the government. So, I will not give time for this matter to be briefed on that issue. I assume now we have to address the issue as to whether this case can be re-prosecuted. And I'll set a schedule for motions on whether double jeopardy bars re-prosecution at this time.

Read more: Clemens transcript - MLB News | FOX Sports on MSN

 

[Michael Scally MD]

The judge presiding over the case stated not once but TWICE about double jeopardy barring re-prosecution. The judge is telegraphing (i.e., telling) the defense to file a motion for DISMISSAL. The judge did not have to state this. IMO, this is the equivalent of telling the prosecution the game is over. Clemens wins.

He's entitled to a fair trial; in my view, he can't get it now. And that was caused by the government. So, I will not give time for this matter to be briefed on that issue. I assume now we have to address the issue as to whether this case can be re-prosecuted. And I'll set a schedule for motions on whether double jeopardy bars re-prosecution at this time.

 

[Michael Scally MD]

Roger Clemens likely to have second trial
Roger Clemens likely to have second trial - Associated Press - POLITICO.com

WASHINGTON — Baseball star Roger Clemens’ battle against perjury charges likely is far from over and probably will be the subject of a second trial, according to many legal experts.

 

[Millard]

Roger Clemens likely to have second trial
Roger Clemens likely to have second trial - Associated Press - POLITICO.com

Alan Dershowitz, the attorney who successfully appealed obscenity charges against Harry Reems for "Deep Throat" and who also worked on O.J. Simpson's "dream team", thinks he could avoid a second trial:

Harvard law professor Alan Dershowitz said there’s no innocent explanation for why prosecutors put inadmissible evidence in front of the jury.

“The government constantly does this because they think they can get away with it,” Dershowitz said. “When you are preparing a case for so long, you don’t make errors like this. I have a high level of confidence that a good lawyer could keep this case from being retried.”

University of Iowa law professor Jim Tomkovicz says there is only one way for Clemens to avoid a retrial when mistrial requested by defense:

“According to the Supreme Court, for double jeopardy to bar the second trial it must be proven, and the judge must find, that the prosecution did whatever it did with the intent to provoke a mistrial request by the defense,” Tomkovicz said. “In that case, and only in that case, the law views the situation as if the government deprived the defendant of the right to this particular jury and the right to suffer the ordeal of trial only once. No other improper prosecutorial intent or bad faith will bar retrial following a defense-requested mistrial.”

Read more: Roger Clemens likely to have second trial - Associated Press - POLITICO.com