Mistrial is declared in Clemens case

Evidence ruled inadmissible

July 15, 2011|By Shira Springer, Globe Staff
  • You cant bolster the credibility of one witness with clearly inadmissible evidence, Judge Reggie Walton said.
You cant bolster the credibility of one witness with clearly inadmissible…

WASHINGTON - The Roger Clemens perjury trial came to a sudden and dramatic halt yesterday when Judge Reggie B. Walton declared a mistrial, scolding Assistant US Attorney Steven Durham for introducing inadmissible evidence from the wife of a key government witness.

Clemens is “entitled to a fair trial,’’ Walton said. “He now cannot get it.’’

The judge dismissed the jury barely 24 hours after opening arguments, and scheduled a Sept. 2 hearing to determine whether to hold a new trial.

The former Red Sox pitcher is charged with lying to Congress when he steadfastly denied he used performance-enhancing drugs during a record-setting 24-year career. In the trial, the government planned to present physical evidence and testimony indicating the seven-time Cy Young Award winner owed his longevity and late-career success, in part, to steroid use.

Now, through its own misstep - letting jurors see and hear inadmissible testimony from Laura Pettitte, the wife of ex-Yankees pitcher Andy Pettitte, about Clemens’s alleged confession - the government may never get a chance to try a case it has been preparing for more than three years.

Clemens exited the E. Barrett Prettyman Courthouse through a side door followed by his sizable legal team. “I’m not going to say anything,’’ said an unsmiling Clemens, aware of the gag order prohibiting trial participants from public comments. He did stop to sign baseballs for a pair of Red Sox fans.

Lead defense attorney Rusty Hardin smiled broadly and said, “It’s a beautiful day.’’

The prosecution saw the day much differently. Durham said he did not believe he ran afoul of the court’s evidence rulings and “there was no bad faith on the part of the government.’’ In a statement, the US attorney’s office said it had “no comment about the developments today’’ and cited the gag order.

The courtroom drama started when Walton stopped the prosecution from showing more video of Clemens testifying before the House Committee on Oversight and Reform in February 2008. Paused on the screen was Representative Elijah Cummings, a Maryland Democrat, as he referenced a conversation between Pettitte, a former Clemens teammate and friend, and Pettitte’s wife, Laura. Beneath the paused picture, a transcription of the proceedings appeared with words from Laura Pettitte’s affidavit.

It read: “I, Laura Pettitte, do depose and state in 1999 or 2000, Andy told me he had a conversation with Roger Clemens in which Roger admitted to him using human growth hormone.’’

The judge had earlier barred Laura Pettitte’s testimony, except in rebuttal, on grounds she never spoke directly with Clemens.

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