Criminal Defense Blog

Roger Clemens Doping Case Results in Mistrial

The doping trial of retired pro baseball pitcher Roger Clemens came to an abrupt and unceremonious end this week. Federal District Court Judge Reggie Walton declared a mistrial and excused the jury because the government repeatedly presented evidence that was inadmissible. First, in opening statements, the government lawyer referred to steroid use among Roger Clemens’ teammates, a fact that would simply subject Mr. Clemens to guilt by association. Second, the prosecution played a video – complete with running transcript at the bottom of the screen – that featured testimony that the judge had previously thrown out.

The judge declared that he cannot ‘un-ring the bell,’ and rejected a request from prosecutors to instruct the jury to ignore the inadmissible evidence, stating of Roger Clemens, “He’s entitled to a fair trial and, in my view, he can’t get it now.” A hearing will be held September 2 to determine whether the government can re-try Mr. Clemens.

The opinions and information in this blog are not intended to be legal advice, and are not a substitute for obtaining advice from a qualified attorney about your particular matter.