Mistrial in the Clemens case.
Games We Play
and justice for all
hmm. wonder if the prosecutors will bring the case up again.
"the government played a video in which the affidavit of Andy Pettitte’s wife was read by Congressman Elijah Cummings, in which she said she remembered Pettitte telling her that Clemens had admitted using steroids."
Blatant hearsay. How in hell did they think to get this through the trial?
2) Not very well, apparently.
I just heard ESPN's legal analyst Roger Cossack (sp?) on the radio explaining this fiasco. Apparently the judge made it clear before the trial that Laura Pettitte's testimony specifically would not be allowed. It was used anyway. Cossack was in the courtroom, and his opinion was that this was such an incredibly stupid thing to do, they couldn't possibly have been trying to sneak it in. This was a mistake that any lawyer would know to avoid, any prospective lawyer would know to avoid, and anyone who's ever watched a courtroom drama on television would know to avoid.
His speculation was that the judge could be so upset about this that he might actually rule that Clemens can't be prosecuted again.
Just yesterday the talk was that the evidence against him was so ironclad that jail time seemed likely. And now he could be done with this forever. Crazy.
 Can you say 'backroom deal'? ... I think you can.
 The government's lawyers in these PED-related cases have not done a very good job.
Perhaps its the rank and file's way of saying, "This is a ridiculous waste of our time and taxpayer money?"  That's the "backroom deal" I would like to think is happening.
In trying these cases, federal prosecutors have managed to look more dishonest than the alleged purjors and more incompetent than the baseball powers that be that ignored the issue for so long. Justice.
Wow, is this becoming a habit among government prosecutors or is there a glut of law degree holders with a dearth of quality lawyers; this being that time in the cycle when most unqualified or less-than competent are finally being exposed? Insane.
Hearsay often gets admitted -- there are many exceptions to the rule prohibiting hearsay. If this really was a mistake by prosecutors, then it seems blatant enough to possibly be malpractice. But who calls you on it when the US is your client?
The judge, apparently.
Kinda. There's a big difference between losing your trial and losing your bar license.
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