Clemens Trial - MISTRIAL

[manchild24]

Federal Prosecuter fucks up and show evidence that was dismissed. A ruling in September now to see if they will retry the case. Clemens is going to walk scott free here. Government wont be able to retry because of Double Jeporday, if they can make it stick and its looking that way because the governemtn screwed the pooch here.

[Chrispy]

What a waste o money this whole thing has been, what a royal fuck up by the prosecution.

[dave]

Why is it that it's ok for members of Congress to lie to Congress, but it's not ok for anyone else?

[ralaw]

I don't think double jeopardy will apply to this case. Either way if the government can prove that Clemons lied they have to pursue the case again.

[Senser81]

Who cares? Clemens is already tainted. If Clemens is found innocent of perjury, is anyone going to then think he DIDN'T use steroids?

[NAHSTE]

Yeah, fuck Clemens sideways either way. Put him in the Hall of Fame, I don't give a fuck, everyone will still know that he is a shithead and a cheater.

[manchild24]

I don't think double jeopardy will apply to this case. Either way if the government can prove that Clemons lied they have to pursue the case again.

ESPNs legal guy (his name slips my mind) said:
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."

The arguments begin with the question: At what point in a trial does the double jeopardy become an issue? How far along must the trial proceed before it qualified as the prosecutors' one and only chance to obtain a conviction?



Most experts agree that "jeopardy attaches" -- the legal phrasing -- when the jurors are selected and sworn in to decide the case. There is little doubt that jeopardy has attached in the Clemens trial, but other issues will determine whether Walton will give the prosecutors a second chance.


I agree though, no one will look at him the same, come on who else gets older and you top your career at the age 39-42ish