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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