Baseball legend Roger Clemens' case was dramatically struck out of court yesterday when the judge sensationally declared a mistrial after prosecutors revealed banned evidence for the jury.
The seven time Cy Young award winning pitcher could not be assured a fair trial according to US District Judge Reggie Walton after the jury were shown evidence against his orders.
Lawyer's began playing a video from the Rocket's 2008 Congress testimony showing the jury, Rep. Elijah Cummings, D-Md referring 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 claims Pettitte misheard him.
But Judge Walton was angered by the video, having made it clear during pretrial motions that he did not want to Clemens to be found guilty by association.
He had already scolded prosecutor's 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.
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.
It is unclear now, what the future holds for Clemens who 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.
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Showing posts with label Perjury. Show all posts
Showing posts with label Perjury. Show all posts
COULD CINDY ANTHONY FACE PERJURY CHARGES?
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| LIAR |
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| LIAR? |
During her controversial turn in the witness box, she testified that she mistakenly searched for chloroform on the family computer when she was looking for 'chlorophyll'.
She also took the blame for 'neck breaking' and other controversial terms which investigators found entered into the family computer, claiming she had left work early without her bosses knowing.
But her testimony was quickly contradicted, by her supervisor who recalled her being there and work computer records which showed her logged on at the time.
Prosecuting lawyer Jeff Ashton, who delayed his retirement to prosecute the case called her testimony "annoying" but said it wasn't the first time he had seen family members lie on the stand.
He said: “I hate to say this, but you’re somewhat accustomed to family members trying to help their fellow family members.
“This of course, was a rather important deception if you will that obviously was proven to be so by the other evidence."
He added that he was unsure whether the remainder of his prosecuting team would seek to press charges.
He said: "What they do with it is going to be a difficult decision that I’m glad I don’t have to make.”
A source close to the DA's office said they were still considering all their options including whether to appeal the verdict which saw Anthony freed.
They said: "Cindy swore the oath and then blatantly lied on the stand. Although her maternal instinct to protect her daughter might be understandable, this wasn't even close to the truth.
"They were furious because although her testimony was quickly prove false, it may have sowed a seed of doubt in the jury's mind and damaged the case."
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