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July 2021


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Tag: reggie walton

Second Trial Against Baseball Star Roger Clemens Begins on Monday

By Allan Lengel

Fed prosecutors in D.C. will get a second chance on Monday to try and convict baseball great Roger Clemens of lying to Congress about using performance enhancing drugs after the screwing up big time the first time around.

Jury selection begins Monday in D.C. federal court,  just blocks from the Capitol.

U.S. District Judge Reggie Walton last July declared a mistrial after the prosecution introduced a video which contained evidence Walton had barred.

Some had thought the judge would not grant a new trial.

The government came under criticism by some, saying it was wasting its resources by going after someone like Clemens. But others argued that people who lie before Congress should be punished.





Baseball Legend Roger Clemens Wants the Feds to Pay His Attorney Fees

By Allan Lengel

Former Major League Baseball legend Roger Clemens is making a bid for a second victory.

In July, U.S. District Judge Reggie Walton declared a mistrial in his perjury case because of a prosecutorial error.

Now, he wants the feds to pay for attorney fees and other costs in the trial, Business Week reports.

“An award of fees and costs will at least partially restore Mr. Clemens to the same position he was in before the prosecutors engaged in conduct meriting a mistrial,” Rusty Hardin, a lawyer for Clemens, said in a court filing in federal court in Washington, according to business week.

Bill Miller, a spokesman for the U.S. Attorney’s Office declined comment, citing an order by Judge Walton not to discuss the case publicly, Newsweek reported.


Feds Want a Second Shot at Prosecuting Roger Clemens

Roger Clemens/file photo

By Allan Lengel

The D.C. U.S. Attorney’s Office wants a second shot at prosecuting ex-pitching star Roger Clemens for lying to Congress about using performance enhancing drugs, saying it inadvertently goofed last month in the first trial when it played a video to the jury on the second day.

A mistrial was declared as a result of the error. The government filed a motion Friday asking for a second trial, and requesting that the judge reject Clemens’ effort to dismiss the charges.

“On the second day of what was expected to be a 4-to-6 week trial, the government mistakenly played a video clip that included evidence this Court had ruled inadmissible, ” the government stated in the motion written by Assistant U.S. Attorney David B. Goodhand.   “At defendant’s request, this Court therefore declared a mistrial. Now, defendant seeks to gain an unwarranted windfall from this inadvertent error. Defendant seeks to bar a retrial, arguing the government did not make a mistake, but rather engaged in deliberate misconduct intended to provoke his mistrial request.

“The record refutes defendant’s claim. Although this crucial fact is nowhere discussed in defendant’s motion, the government vigorously opposed a mistrial. That opposition was natural, because the government had no reason to want a mistrial. The government’s case was – and is – strong.”

U.S. District Judge Reggie Walton last month declared the mistrial after the prosecution introduced the video which contained evidence  Walton had barred.  After declaring the mistrial, he said he was going to have to make a determination whether to grant the government a second chance or dismiss the charges.

The brief concluded:

“The record thus shows only that the government made a mistake when it failed to review Exhibit 3b-2 for necessary redactions. And as regrettable as this mistake was, it does not warrant the extreme measures of a prohibition on any retrial and the dismissal of defendant’s indictment.”

Read Government Motion