That Didn’t Take Long … U.S. District Judge Reggie Walton Declares Mistrial in Roger Clemens Perjury Trial

Now you see it, now you don’t … the Rocket as landed in a mistrial, Houston prosecutors, you have a problem. Will the judge say that there is double jeopardy and no new trial will take place?

“Mr. Clemens has to get a fair trial,” Walton said. “In my view, he can’t get it now.”

Just yesterday was the beginning of opening arguments in the perjury trial of former MLB pitcher Roger Clemens as he was in a battle for his freedom. My what a difference a day makes. In only the second day of the perjury trial, U.S. District Judge Reggie Walton declared a mistrial. What was the cause? The prosecution showed jurors evidence that he had been previously ruled out. Good grief, what first year law student did this? The judge ruled that Clemens could not receive a fair trial following this action by the prosecution.

U.S. District Judge Reggie Walton left the question of a new trial up in the air. But he called a halt to the trial under way after prosecutors showed jurors evidence that he had ruled out — videotaped revelations that a teammate had said he’d told his wife Clemens confessed to using a drug.

Walton scolded prosecutors and said he couldn’t let the former All-Star pitcher face prison if convicted on such “extremely prejudicial” evidence.

“Mr. Clemens has to get a fair trial,” Walton said. “In my view, he can’t get it now.”

Judge Reggie Walton stated that he would hold a hearing September 2 to decide whether Clemens should face another trial. What a gaffe by the prosecution. How could such a blunder have occurred? The real question is whether during Walton’s next hearing whether he will attack “double jeopardy” to this case meaning that Clemens cannot be tried again.

He said a judge may make an exception for misconduct on the part of prosecutors, but this appears to have been a simple yet devastating mistake.

“How could the government not have reviewed each piece of evidence after the court’s pretrial rulings?” he said. “This is crucially important, and prosecutors have to do this all the time.”