Sunday, August 21, 2011

Prosecutors Shot at Clemens in Jeopardy?

I tend to agree with the notion that the Government has wasted time and money pursuing purjury chages, but how can the Defense claim Double Jeopardy if the first trial was declared a mistrial?

Amplify’d from

Prosecutors want another shot at Clemens trial

WASHINGTON (AP)—Prosecutors pursing a perjury conviction against baseball
star Roger Clemens acknowledge they made a critical error that ultimately doomed
their high-profile trial but asked a judge for another chance to convict the
pitching standout of lying about using performance-enhancing drugs.

The U.S. attorney’s office for the District of Columbia filed arguments
Friday disputing Clemens’ position that a second trial would violate his
constitutional protection against double jeopardy by making him face the same
charges twice. The filing is the prosecutors’ first public admission of fault in
the mistrial and first explanation of what went wrong.

They said it was an oversight that they showed jurors evidence that U.S.
District Judge Reggie Walton had ruled inadmissible—evidence that the
defendant’s teammate told his wife that Clemens had admitted using
performance-enhancing drugs.


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