Judge In Roger Clemens Perjury Case, Reggie Walton, Declares Mistrial For Former New York Yankees Star

Judge Declares Mistrial In Roger Clemens Perjury Case

Comes Down Hard On Prosecution After It Shows 2008 Congress Video

July 14, 2011 8:15 PM

(credit: AP Photo/Manuel Balce Ceneta)

Reporting Peter Haskell

NEW YORK (CBSNewYork / AP) — The judge presiding over Roger Clemens’ perjury trial has declared a mistrial over over inadmissible evidence shown to jurors that could have prejudiced them against the former Yankees star.

WCBS 880′s Peter Haskell: The Judge Said Not To Go There

“In the United States of America we try to ensure that everybody that comes into our courthouse is treated fairly,” U.S. District Judge Reggie Walton said. “I have no alternative, despite the tremendous loss of time, effort and money.”

Walton scolded prosecutors for twice violating his orders not to reveal certain evidence to the jury and said it put the whole case at risk. He took a short recess Thursday morning to consider how to rule on a motion for a mistrial from Clemens’ attorney Rusty Hardin.

When Walton returned, he made it official: mistrial.

He said that because prosecutors broke his rules, “the ability… to get a fair trial with this jury would be very difficult if not impossible.”

LISTEN: Newsday’s Jim Baumbach with WFAN’s Marc Malusis moments after the mistrial decision

Defense attorney Hardin patted an unsmiling Clemens on the back as the judge announced his decision. Clemens did not speak to reporters as he left the courtroom and made a telephone call in a private corner of the hallway.

Clemens and his lawyers remain under a court gag order and they declined to comment as they left the courthouse. Clemens hugged a couple of court workers, shook hands with the security guards and signed autographs and a couple of baseballs for fans.

“I’m not going to say anything,” Clemens said, sounding frustrated at the mass of reporters and camera crews. He and his legal team ducked into a nearby restaurant to escape the horde of news people.

A Sept. 2 hearing was set to determine whether to hold a new trial.

Prosecutors suggested the problem could be fixed with an instruction to the jury to disregard the evidence, but Walton seemed skeptical. He 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.”

“I don’t see how I un-ring the bell,” said Walton.

Walton interrupted the prosecution’s playing of a video from Clemens’ 2008 testimony before Congress and had the jury removed from the courtroom. Clemens was accused of lying during that testimony when he said he never used performance-enhancing drugs during his 24-season career in the Major Leagues.

One of the chief pieces of evidence against Clemens is testimony from his former teammate and close friend, Andy Pettitte, who says Clemens told him in 1999 or 2000 that he used human growth hormone. Clemens has said that Pettitte misheard him. Pettitte also 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.

Walton was angered that in the video prosecutors showed the jury, Rep. Elijah Cummings, D-Md., referred to Pettitte’s conversation with his wife.

“I think that a first-year law student would know that you can’t bolster the credibility of one witness with clearly inadmissible evidence,” Walton said.

He said it was the second time that prosecutors had gone against his orders — the other being an incident that happened during opening arguments Wednesday when assistant U.S. attorney Steven Durham said that Pettite and two other of Clemens’ New York teammates, Chuck Knoblauch and Mike Stanton, had used human growth hormone.

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.

There was no objection from Clemens’ team during the Laura Pettitte reference, but the judge stopped the proceedings, called attorneys up to the bench and spoke to them privately for several minutes. Hardin pointed out during that time, the video remained frozen on the screen in front of jurors with a transcript of what was being said on the bottom.

Cummings had been quoting from Laura Pettitte’s affidavit to the committee. “I, Laura Pettitte, do depose and state, in 1999 or 2000, Andy told me had a conversation with Roger Clemens in which Roger admitted to him using human growth hormones,” the text on the screen read.

Walton later told jurors: “We have taken a week out of your life to reach this point. When a judge makes rules regarding evidence that can or cannot be presented to the jury … there is an obligation of the lawyers to comply.”

Your thoughts on the Clemens development? Sound off in the comments below…

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Judge Declares Mistrial In Roger Clemens Perjury Case

sam

Congress should tend to the country’s business rather than get involved into sports which has nothing to do with the. if I recall at the time this supposedely happne steroids were not illegal in major league baseball. we have 9+% unemployment, the economy is sinking, we’re looking at a lower bond rate and these idiots worry about steroids in baseball. as far as perjury, how would congress know the truth if it hit them in the face. they lie to the ameircan people every day, but they are not held accountable. plus they listen to a crimiinal trainer.
Buck

This is the “Criminalization of America” unfolding before our eyes.The government has over reached to the point where you can’t walk out of your own house with a cigarette and a cup of coffee to start your car and you have broken 3 laws. By the time you get to work your a felon for poluting the air, not having your seat belt on and talking on your cell phone. The govenment will prosecute you and demand you get 15 years. God help us all
kym

“I, Mrs Petttitte, under oath state that my husband told me he had a conversation with Mr Clemons, He also told me he has been faithful to me our ENTIRE marriage – and I totally believe him so you should too.” — NOT a credible witness against Clemons!
cattx

Drop all charges.. This is a waste of tax payers money.
Alex

I get the whole concept of perjury…swearing to tell the truth and then lying. But seriously, with the whoppers that members of Congress tell every single night when they are interviewed on cable news programs, one after another after another…and when people like Charlie Rangel are still serving in Congress after all their crimes…how can we prosecute a Roger Clemens for telling a lie in Congress.
Pat Pace

I did not know that Human Growth Hormone is a steroid? They advertise that stuff on TV and internet all the time. Someone please explain.
franko

Lord no one one can his fast ball. Congress really? stick to your porn and mis-management of all things except sports PLEASE!
db

I still think Pettitte is a Douc** Bag – nice “team work” buddy – This guy is such a Putz he threw his old man under the bus…. Great friend…
Bill

Doesn’t congress have something more important to do??
DH3873

If this trial was held in Boston he would have been found guilty of all charges already, the sleazeball. The trial is being held in NY Yankee fandom where no Yankeess player, whether Petite or Clemens, could have done anything wrong to cause the winning of a championship.

Clemens stunk in Boston at the end, got better in Toronto, and when even older, got that much better in NY. Hmm, only Bonds, Sosa, and a few others got that much better with advancing age. How is that so..?

Dan

Clemens was always good, you idiot. I saw him pitch many times over the course of his career and he always threw hard and up in the strike zone. There was no significant surge in his abilities toward the end of his career as there most definitely was with Bonds. Bonds gained 40 pounds of muscle and his he couldn’t even fit into his batting helmet anymore because his head grew. None of that happened with Clemens. But to the point, the government is wasting our money pursuing this stupid case, esp. with the clownish amateurs prosecuting it.

Ian

Why s he being tried for lying to Congress? They lie to us all the time and politicians lie to Congress constantly. Let him walk.

arguethefacts

He was under oath. Congress isn’t under oath. I think instead of saying the Pledge of Allegiance at the start of each Congressional day, they should be sworn in under oath. Then their lies would be actionable.

carl ford

TRIPLE HEARSAY!
TOO BAD JUDGES DON’T PROTECT ALL DEFENDANTS FROM HEARSAY.
HERE, PROSECUTORS ARE USING THE OLD ” IT SAID THAT SHE SAID HE SAID THAT HE SAID,” TRICK!
GOOD FOR JUDGE WALTON!
HOPEFULLY THE PROSECUTORS WILL NOW CONCENTRATE ON SERIOUS CRIME. I HEARD THAT THE UNSELFISH FAN WHO GAVE THE BALL THAT THE 3,000TH HIT BCK TO THE PLAYER GRATIS…THAT SOUND SLIKE TAX EVASION TO ME. AT LEAST I READ THAT SOMEONE TOLD HIM THAT SOMEONE ELSE SAID IT!
Hall

I think, as I’ve had prosecutors do multiple times, this is a way to get rid of a ‘tar-baby’ (one that’s messy to begin with, the more you work with it the messier and nastier it gets) case, while blaming the Judge Nobody Elected for not allowing Justice to be done, while avoiding NOT GUILTY headlines!

That’s exactly what this is.
AnneP

This is a total waste of time and taxpayer money. We are in debt up to our eyeballs, and you go after a baseball player? Is he robbing, is he murdering? No, if he was you’d let him off, if you ever prosecuted him.

I’m sure a bunch of lawyers made a tidy sum off of this one. Isn’t that what it’s all about?
Larry

I am sure there are more pressing issues than wether or not Roger Clemons used steroids. How much money is going to be wasted on this. And if found guilty we send him to jail and pay to feed and house him for however long or fine him. But the fine will probably be less than the cost of the prosecution
ebgodard

Totally agree Ralph. Well said. Nice to see Congress spends their time so wisely. I can’t imagine what this witch hunt has cost Clemons. I think he’s paid his dues.
WillRM

Pursuing this case and the entire Federal investigation into use of steroids is a misuse of government resources. If anyone should be punished, it should be the members of Congress who insist on pursuing this and the prosecutors who waste resources that could be used to pursue criminals who actually cause damange to society. Simply appalling.
John Brown

It looks to me like the prosecutor didnt want to prosecute. It is very mich like taking a dive in boxing. but in this case, I say good job prosecutor. If we put people in jail for lying,the US Congress and the US Senate would be empty.
outta’ here

If lying in congress is a felony then at lot of congress should be in jail. Oh, it is lying TO congress……that he is charged with…..no blood no foul, why spend money on what in the worst case hurt no one…but of course it did offend congress…
wendell

Could eric holder and the Justice Department be trying to get some revenge for Barry Bonds getting busted?
StandingO

Stop this persecution dead in its tracks. Dismiss the indictment with prejudice.
rick

Typical prosecutorial behavior–defy the rules and instructions, to prejudice the casel, and hope the Judge wont have the guts to declare a mistrial and start over.
Sadly, it often works–I’m glad Judge Walton did the right thing. I think that prosecutor or his office should pay the costs of seating new jury..
Joe Mama

I’m glad time is being wasted on this very pressing issue.
Ralph Gizzip

Why is he even being charged with lying to Congress?!? Congress lies to us all the time!

Rifka

Thank you for saying that. I think they should bring those liers in Congress up on charges. We have video with their own words.
WillRM

Exactly. Will Rogers used humor to make the same point about politicians in general: “I’d like to meet your Mayor. After all, we’re both in the same business: kidding the public.

Tanker74

The charges should be dropped. Clemens is guilty of nothing more than refusing to cheerfully participate in a Congressional witch hunt and being friends with the Bush family.That sleezeball trainer who’s trying to frame him is the only person in this situation who committed a crime.