Better late than never, here are some sketches from last Friday’s hearing where Judge Walton found that the double jeopardy bar is so high that despite his misgivings the government should be allowed to retry Roger Clemens.
Defense attorney Michael Anttanasio, pictured above gesturing toward the government, said prosecutors had a “win-at-all costs mentality” when they precipitated a mistrial earlier this summer.
Judge Reggie Walton questioned one of the government lawyers about picking up the tab for their mistake. “Obviously it cost Mr. Clemens a lot of money, Walton said. “Should the United States have to cough up the money for that?”
WaPo story here.
Just as the Roger Clemens trial was settling into its first full day of testimony the judge called a foul….and Clemens walked.
As prosecutor Steve Durham stood at the podium Judge Reggie Walton said, “Government counsel can’t do what it thinks it can get away with. Any first year law student should know that.”
NYT has the story here.
And below are a few additional quick sketches I did in the courtroom today.
During his opening statement prosecutor Steve Durham showed jurors a photograph of several objects that included syringes, drug vials and three cotton balls – objects he said that had traces of both human growth hormone and Roger Clemens’ DNA.
“Mr. McNamee saved needles and cotton balls that he used to inject Mr. Clemens – he never completely trusted this man,” Durham told the jury. Brian McNamee is Clemens former trainer, and now his chief accuser.
Clemens’ attorney Rusty Hardin, a colorful Texas lawyer who likes to remind the jury that he once lived in DC and saw Roberta Flack here, told the jury that the evidenced had to have been manufactured by McNamee. “They have no corroborating evidence of McNamee,” Hardin said, and after an exhaustive investigation “they still didn’t have anything to connect him to steroids except Brian McNamee.”
WaPo story here.
Opening statements in the star pitcher’s perjury trial are expected Wednesday morning.
The governments lead-off witnesses are expected to be House Parliamentarian Charles Johnson & committee staffer Phil Barnet, which should make for an interesting cross-examination since the defense is questioning whether the congressional investigation itself was proper – i.e., material.
John Schlegel story on MLB.com
In a motions hearing the day before jury selection is to begin in the trial of baseball living legend Roger Clemens the judge indicated that he may restrict the testimony of teammate Andy Pettitte and two others. Judge Reggie Walton said testimony by the players that they thought that trainer Brian McNamee was injecting them with performance enhancing drugs could unfairly lead jurors to believe that Clemens thought so too. Clemens is charged with lying to congress about his use of drugs.
Clemens’ attorney, Rusty Hardin, also said that he wanted the jury to hear the tone of his client’s voice during a deposition taken before his congressional testimony, but that the government has only been able to provide a transcript of Clemens testimony; the House of Representatives has declined to turn over the audio which it considers “proprietary”.
Judge Walton told the prosecutors to go back to the House and ask again for the audio recording, this time pointing out the considerable cost to the U.S. government of a delay in the trial.
WaPo story here.