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Limehouse Blues
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26,988 Posts
Discussion Starter #1
http://espn.go.com/espn/otl/story/_/id/6770227/roger-clemens-mistrial-mean-former-all-star-pitcher-walks-perjury-charges

Not sure I understand this. It looks like the Prosecutor took a dive honestly. Lawyer on Mlbtv is saying that the prosecutor violated the Judge's order by showing a video that the judge had claimed to be somehow prejudiced against Clemens. They spent all that time and money on this crappy case that they would have been lucky to have won and now they screw it up completely before it has even started.

The blunder by federal prosecutors that brought the Roger Clemens trial to an unexpected end could kill the entire prosecution and free Clemens to try to reclaim his legacy.

Moments after he declared a mistrial on Thursday, U.S. District Court Judge Reggie Walton wondered aloud to the packed courtroom, "Now we must address whether the defendant (Clemens) can be re-prosecuted."



The legal doctrine that prompted the judge's query is known as "double jeopardy," and it could result in Walton telling the prosecutors that they will have no second chance to prosecute Clemens on charges of obstruction of Congress and perjury.
The ban on "double jeopardy" comes from the U.S. Constitution, and it means that prosecutors have one chance to convict someone accused of a crime. If the accused individual is found not guilty, there can be no do-over for the prosecutors.
The accused can be put in jeopardy of punishment only once. There can be no second trial and no "double jeopardy."
Lawyers, judges and law professors can argue endlessly about the constitutional ban on double jeopardy. If six of them discussed and analyzed the issue, there would be six conflicting opinions.
 

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MLB Fanatic
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544 Posts
lol

Nice job U.S Government.
 

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Premium Member
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100,006 Posts
Everyone that knows anything about the law knows that you can't bring hearsay into a case. When you do that, it'll be objected to and likely stricken from the records. But when you show a video clearly doing that and going straight to the most pertinent part of the case and clearly influencing the jury on the credibility of one of the prosecution's star witnesses, there's no way to undo that. A mistrial must be declared. Huge blunder, I think they had a slam dunk case and blew it.
 

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To be honest, I don't think anyone who cheats in any sport should be put in jail, even if they did lie to congress. In fact, to even allow the guy to have a congressional hearing shows how far we've fallen as a society. Who the hell cares? Someone should've stepped in and told Clemens, "Listen you ****ing idiot, you throw a ball at a guy that's trying to hit the ball with a stick."


Clemens didn't hurt anybody or steal from anyone He didn't hurt baseball, baseball hurt itself by not drug testing their players to prevent cheating.
 

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Limehouse Blues
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Discussion Starter #7
I don't really care that much about the morality of it. I can't stand Clemens and would not be upset if he was punished for what he did, because he deserves to be. However when you bring a trial to court you have to consider the practical issues. This case would have been extremely hard to get a conviction out of, and if you did get a conviction it's not like you'd be putting a pedophile away for life. This stuff never mattered enough to waste all this time and money on.
 
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