Sunday, August 21, 2011

Roger Clemens Retrial; The Government May Be Up Sh_ts Creek Without a Paddle!

As we all know, Roger Clemens' first criminal trial ended in a mis-trial. The Government is now seeking to retry Clemens on the same charges. The question that Judge Reggie Walton may ultimately have to decide is whether the Prosecutors' mistake in playing a video which contained "precluded eveidence " was inadvertent or intentional . If the error was inadvertent(hard to believe ) Clemens will be retried. If intentional , "the ballgame may be over"! No retrial.
Let's reflect on a few key factors. Number one, the evidence that was precluded was the subject of hotly contested legal proceedings. The evidence was a videotape of a Congressman at the Congressional Hearings reading the affidavit of Laura Petite which essentially stated that "Andy told me that Roger told him that he took steroids". Classic "double hearsay " .
After hearing arguments on pretrial evidentiary issues , Judge Walton barred the admissibility of that affidavit and any references to it . So what do the Prosecutors then do on day 2 of the trial ,after making a glaring error in opening statements? Yes, believe it or not they play a video to the jury containing the reading of this inadmissible affidavit. Oy vey! Huge problem. My opinion , not inadvertent, but intentional!
Second point. We are dealing with top-notch, seasoned , well-respected prosecutors . Not kids, wet behind their ears . So for the Gov't to argue that they were all caught up in jury selection, openings and presenting their case and thus made " a boo boo" is totally and completely unfathomable ! These are attorneys with 100's of trials under their belts. You just don't inadvertently make a mistake like that, do you?
Lastly, I believe Judge Walton "hates this case "! He, on a number of occasions has questioned why all this time, money, these resources and energy are being spent on this prosecution. Clearly he does not view Clemens as public enemy number one, two or three. Having said that, Judge Walton may be looking for a way to end the misery and dismiss this case.Who knows.
One thing though is for sure; The Government is now scrambling , has been eating craw all summer and they are "now begging " the Court for another opportunity to try the case.
"Will it[The Case] stay or will it go now " (The Clash)? You be the Judge?



No comments:

Post a Comment