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You're Out of Order

Mistrial in the Clemens case.


1 ms october   ~  Jul 14, 2011 1:35 pm

hmm. wonder if the prosecutors will bring the case up again.

2 rbj   ~  Jul 14, 2011 1:42 pm

"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?

3 Alex Belth   ~  Jul 14, 2011 1:57 pm

2) Not very well, apparently.

4 Hank Waddles   ~  Jul 14, 2011 2:11 pm

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.

5 NoamSane   ~  Jul 14, 2011 2:13 pm

[4] Can you say 'backroom deal'? ... I think you can.

6 Shaun P.   ~  Jul 14, 2011 2:19 pm

[2] 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?" [5] That's the "backroom deal" I would like to think is happening.

7 William J.   ~  Jul 14, 2011 3:11 pm

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.

8 Chyll Will   ~  Jul 14, 2011 3:16 pm

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.

9 a.O   ~  Jul 14, 2011 3:24 pm

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?

10 Chyll Will   ~  Jul 14, 2011 3:42 pm

The judge, apparently.

11 a.O   ~  Jul 14, 2011 5:29 pm

Kinda. There's a big difference between losing your trial and losing your bar license.

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