Judge declares mistrial in Roger Clemens perjury case
(CBS/AP) WASHINGTON - The judge in Roger Clemens' perjury trial has declared a mistrial after twice scolding prosecutors for violating his orders not to reveal certain evidence to the jury
U.S. District Judge Reggie Walton said Clemens could not be assured a fair trial after prosecutors showed jurors evidence against his orders in the second day of testimony.
Judge Walton took a recess Thursday morning to consider how to rule on a motion for a mistrial from Clemens' attorney Rusty Hardin.
Prosecutors suggested the problem could be fixed with an instruction to the jury to disregard the evidence, but Walton seemed skeptical.
"I don't see how I un-ring the bell," he said.
Judge Walton said he could never know what impact the evidence would have during the jury's deliberations "when we've got a man's liberty at interest."
Judge Walton interrupted the prosecution's playing of a video from Clemens' 2008 testimony before Congress and had the jury removed from the courtroom earlier Thursday morning.
Walton was angered that in the video prosecutors showed the jury, Rep. Elijah Cummings, D-Md., referred to former teammate and close friend Andy Pettitte's conversation with his wife.
One of the chief pieces of evidence against Clemens is Pettitte's testimony that Clemens told him in 1999 or 2000 that he used human growth hormone. Clemens has said that Pettitte misheard him. Pettitte also says he told his wife, Laura, about the conversation the same day it happened.
Prosecutors had wanted to call Laura Pettitte as a witness to back up her husband's account, but Walton had said he wasn't inclined to have her testify since she didn't speak directly to Clemens.
Judge Walton also had to warn prosecutors during opening statements when assistant U.S. attorney Steven Durham said that Pettitte and two other of Clemens' New York teammates, Chuck Knoblauch and Mike Stanton, had used human growth hormone.
Judge Walton said in pre-trial hearings that such testimony could lead jurors to consider Clemens guilty by association. Clemens' defense attorney objected when Durham made the statement and Walton told jurors to disregard Durham's comments about other players.
Clemens is accused of lying during a 2008 appearance before Congress when he said he never used performance-enhancing drugs during his 24-season career in the major leagues.
Judge Walton scheduled a Sept. 2 hearing to determine whether to hold a new trial.
More on Crimesider
August 19, 2010 - Roger Clemens Indicted for Allegedly Lying to Congress About Using Steroids, HGH
June 4, 2010 - Roger Clemens Finds Grand Jury Friend in Jose Canseco; Distances Pitcher from Steroids, HGH