Roger Clemens trial: Are steroid hearings worth it?

Former Major League Baseball pitcher Roger Clemens arrives at federal court in Washington in Washington, Monday, April 16, 2012, for jury selection in the perjury trial on charges that he lied when he told Congress he never used steroids and human growth hormone. / AP Photo/Manuel Balce Ceneta

(CBS/AP) WASHINGTON - On opening day at Roger Clemens' new trial, several prospective jurors openly questioned the value of a congressional hearing in which he is alleged to have lied, which could pose problems for prosecutors trying to convict the famed baseball pitcher of perjury.

After being questioned by the judge and lawyers in the case, two of those jurors nevertheless made the first cut. Like all seven who cleared the initial questioning Monday, they were asked to return Wednesday, still part of quest to find 12 impartial jurors and four alternates.

The selection process resumed Tuesday morning. Wearing a dark suit and red tie, Clemens, once an overpowering right-handed pitcher, was back at the defense table jotting notes with his right hand and occasionally flipping through pages with his left.

The seven-time Cy Young Award winner returned to court Monday for the government's second attempt to prove that he misled a House committee at a landmark drugs-and-sports hearing in 2008. The first trial last July ended in a mistrial when prosecutors introduced inadmissible evidence after only two witnesses had been called.

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During Monday's session, one potential juror said he felt "it was a little bit ridiculous" when Congress held hearings on drug use in sports because he felt the government should have been focusing on bigger problems. Asked whether he thought it was wasteful for Congress to hold the steroid hearings, he responded, "Yes."

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Roger Clemens

Nevertheless, the native of Chile — an investment officer for an international bank — was asked to return, the only male to remain in the jury pool among those who were individually screened on the first day. He said he could keep the issue of whether Clemens lied separate from whether Congress should have had the hearings in the first place, saying, "This is a completely different process."

Another potential juror recalled the 2008 hearing by saying, "At the time, I remember thinking it didn't seem to be a great use of taxpayer money." But she, too, was kept in the pool after she said she could be impartial.

"Even if I don't agree with the reason that you're brought before Congress, you still have to tell the truth. ... If you perjure yourself before Congress, it's still illegal," said the woman, who is an executive for an environmental nonprofit organization. The woman said her father played minor league baseball.

But another potential juror was excused after she volunteered, "I don't know if that's the best use of government tax dollars at this time." She said her feelings could influence her ability to serve.

Another was excused when she said Congress spent "too much time" on the investigation.

CBS Boston political analyst Jon Keller questioned the value of Clemens' initial trial last summer.

"I really see no reason why all this time and money should be spent crucifying Clemens, who should just take a polygraph test and if he flunks it, pay several million in fines and get lost," Keller said at the time. "Do we really want him taking up a prison cell from someone guilty of a more serious crime than being dumb?"

Clemens lawyer Rusty Hardin even hinted that the defense might challenge Congress' authority to call the hearing in the first place, but U.S. District Judge Reggie Walton was skeptical of that line of questioning. The judge reminded lawyers again that some of the jurors from the first trial felt a retrial would be a waste of taxpayer money. He said that one of the hurdles in the case is that some people think "we have some significant problems in this country that are not being addressed by this Congress."

By the end of the day, only 13 potential jurors had been screened and just seven had been asked to return Wednesday for more questioning.

The retrial is expected to last four to six weeks, with the first several days devoted to jury selection. The vetting process began with Walton taking more than an hour to read 86 yes-or-no screening questions to the entire pool, including "Do you have any opinions about Major League Baseball — good, bad or whatever?"

Lawyers on both sides read a list of 104 people who could be called as witnesses or whose names could be mentioned during the trial, including former sluggers Barry Bonds and Jose Canseco; baseball commissioner Bud Selig; New York Yankees general manager Brian Cashman; baseball writer Peter Gammons; and former Clemens teammates Paul O'Neill, Jorge Posada and Mike Stanton.

Perhaps the most important name is Brian McNamee, Clemens' former strength trainer, who says he injected Clemens with steroids and human growth hormone and says he kept used needles that will be entered as scientific evidence at trial.

Clemens lawyer Rusty Hardin stressed to the jury pool that not all of those potential witnesses would be called, or else they "would be here about two years."

Hardin asked several of the potential jurors if they could conceive of a situation in which somebody says something under oath that he believed to be true, which turns out not to be, without telling an intentional lie — raising the possibility that could be part of Clemens' defense.

Clemens faces a maximum sentence of up to 30 years in prison and a $1.5 million fine if convicted on all six charges. Maximum penalties are unlikely because Clemens doesn't have a criminal record, but Walton made plain at the first trial that Clemens was at risk of going to jail. Under U.S. sentencing guidelines, he probably would face up to 15 months to 21 months in prison.

[smarterdarter]

How much is this costing the tax payer? Roger Clemens lied to Congress about talking steroids, so what its small potatoes. I guess our great congressmen don't lie. They must be pure and clean. Right? Wrong! Clemens should hand out mirrors to every Congressional member before his trial begins. It's a waste of taxpayer money. They should be going after their own members who pose naked pictures on the internet or hang out in men's bathrooms looking for a quickie or taking bribes or having work done on their homes by contractors looking for prized government contracts or those with their mistresses on the side etc. Congress is the epitome of hypocrisy and enjoys spending our money on BS. Now I know why their approval rating is at a long time LOW.

[2happy2ride]

With all the scandals within this administration, we should have enough to fill an entire floor in prison.
From all the financial embarrassments & embezzlements, to Fast & Furious, to the GSA scandal, to the Secret Service fiasco, Clemens is insignificant.
This administration is a black eye on America, not an egotistical baseball player.

[636anton33]

This is a waste of time and money. He lied to a bunch of people that lie to us every day. Kind of the pot calling the kettle black thing!

[truthfromtexas]

This trial is a waste of time... Poor guy...

[mtownerman]

Either Roger should lay off the twinkies or he's had plastic surgery....of course, in Roger's lingo - maybe I just misspoke..lol

[fredrickh]

should have just taken the 5th. seems to be working for the fast & furious and GSA crowd. When congress can put a budget together among other important things that need to be done then maybe they can waste their time on crap like this. i predict jury nullification just to send a message to congress about wasting their time.

[wolfmagic2012]

Roger Clemens is a scape-goat. The Congressional hearings were a witch-hunt which should have never been undertaken. The reason this is all B * S is that very many athletes used perfromance inhancing drugs, including hgh or steroids. The congressional bozos only went after high-profile players. A bright line had already been drawn in the sand... they should have left well-enough alone, and stuck with their drug-testing for PEDs after that bright line had been drawn. Just another reason why the hypocrite b*st*rds should be laughed out of congress. I didn't like Clemens. Think he's a jerk. But this is B*S beyond the pale. I hope he's acquitted.

[MIO42]

How else an you get ahead in the world
Dishonesty,Selfishness, Greed, Spite,? Did I miss anything..........?
All alive and flourishing
Caring about others just seems to be .. Well such a waste of time when MONEY IS WHAT IT'S ALL ABOUT
Strange though that it comes with such a huge cost attached

[jahmartin-2009]

Roger Clemens made two mistakes. First, he used steroids which gave him an unfair advantage over his fellow ball players who were playing by the rules. Then, he lied to Congress about using steroids thereby committing perjury. So, yes, it's worth it to prosecute him again. Why should Roger Clemens get off scott free?? Because he made himself a wealthy man by cheating?

[Ourdoc1]

If lying in Congress holds a 30 year sentence, then Romney, Issa, Boehner and McConnell should be sent away for life.

Congress did NOT have the authority to even call these hearings and it needs to STOP. They are NOT courts, they are legislators, do your job as hired or you are fired. Hopefully all the news ones that came in recently will be going right back out as they have done nothing but obstructionism as seen yesterday. 72% of Americans in favor of something they once again turn down. They are NOT listening to their constituents and need to go back home for life.

Hold them accountable and SEND THEM PACKING.