07/14/11 – As reported by CBS and the AP, the judge declared a mistrial today in former Red Sox, Blue Jays and Yankees baseball star Roger Clemens’ perjury trial. The mistrial arose after US Attorneys showed evidence to jurors which had been ruled inadmissible by the Judge in pre-trial hearings. U.S. District Judge Reggie Walton metaphorically stated “Your Out” to the US Attorneys after he deemed that The Rocket could not be assured a fair trial after the US Attorneys showed jurors evidence against his orders. The mishap by the US Attorneys caused Walton to apologize to the jury for wasting their time and for having spent so much taxpayer money, only to have to abort the trial. It was nice of the Judge to apologize, but the real apology shouldn’t come from the Judge or US Attorneys, but from Congress for creating this circus in the first place. The US Attorneys should have never have had to divert their resources from prosecuting terrorist cases and political corruption cases to handle this case. Thanks Congress!
The real question arises as to whether the State can proceed against The Rocket in a second trial since it appears that double jeopardy has attached. First off, in the State system, jeopardy attached once the jury was sworn. Second the error was created by the US Attorneys after they were warned and precluded from using the information that gave rise to the mistrial. With respect to the violation, Walton said that because prosecutors broke his rules, “the ability with Mr. Clemens with this jury to get a fair trial with this jury would be very difficult if not impossible.” The double jeopardy arises because The Rocket will have been put in jeopardy once, i.e. this trial and twice; the next trial if the defense’s motion is denied. Hopefully, this case can relieve some pressure from HLN regarding their redundant and excessive coverage of the Casey Anthony Acquittal.
Let me give a disclaimer, I am not familiar with Federal System, but I think double jeopardy puts this case to bed. Please visit us at our website www.jerseycriminallawyer.com or call us 732 431-2224.
