Posts Tagged ‘inadmissible hearsay’

Judge declares mistrial in Roger Clemens perjury and obstuction trial

On only the second day of testimony, Clemens’ perjury and obstruction trial has ended after Judge Reggie Walton was left with no other choice than to grant a mistrial.  The mistrial was prompted by the prosecution’s showing of a video that showed former teammate Andy Pettitte declaring that he had told his wife about Clemens’ drug use.  The testimony regarding Pettitte’s wife had been ruled as inadmissible hearsay in pretrial motions before the court.

After declaring a mistrial, the Judge stated, “Mr. Clemens has to get a fair trial… in my view, he can’t get it now.”  The Judge came down hard on the prosecutors and said that a “first-year law student” would have known better than to present such evidence.

A hearing has been scheduled September 2 to determine whether or not to have a new trial.  At that hearing, Judge Walton could possibly finish the prosecution’s case by declaring that a new trial would be double jeopardy.