Judge Rules Roger Clemens Can Be Re-Tried

By Jeralyn, Section Crime in the News
Posted on Fri Sep 02, 2011 at 12:18:18 PM EST
Tags: Roger Clemens (all tags)

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Update: Judge Walton ruled a re-trial is not barred. The double jeopardy bar is too high. He's angry at the Government, and may seek to have the Government pay Clemons' cost if there's a retrial, but he won't bar a retrial. The judge expects the defense to appeal his ruling. A new trial date has been set for April 17. Great tweeting by TJQuinnESPN.

Judge Walton is ruling now. Via TJQuin@ESPN.com:

Walton: and even if it was intentional, I don't think I can conclude that's sufficient that there is a double jeopardy bar.

And then:

Sounds like he's ready to rule trial may continue, but every sentence contradicts the last. Ups and downs are murder.
...Walton: if there's a retrial, he might see if he can force gov't to pay for #Clemens' wasted time from first trial.
...He's speaking as if he has already ruled: the trial may go on.

[More...]

A hearing is underway as to whether Roger Clemens will be retried. It just broke for lunch and will resume at 2:15 pm. Right before the break Judge Reggie Walton asked the Government, if he grants a new trial, who pays for Clemens' wasted costs from first trial? He said it doesn't seem fair.

The defense argued "This case should end. Enough money has been wasted. The government doesn’t deserve another bite of the apple."

While he only interrupted Clemens' counsel twice, he asked the defense the key question: Even if the government purposely entered banned evidence, does that mean they wanted to cause mistrial?

The Government, represented by appellate specialist David Goodhand, argued they made a mistake and did not intend to cause a mistrial. Judge Walton was clearly angry at the Government. He interrupted the Government's argument several times to berate them. But that doesn't mean he'll rule against them.

Stay tuned, and for the best twitter updates, follow @TJQuinnESPN and @NYDailySportsTeam.

For our discussion of the legal issues involved, go here and here. For links and discussion of each side's filed bri