While angered by prosecutors violating court orders in July with video of barred hearsay, Walton was not convinced prosecutors intentionally provoked defense lawyers into requesting a mistrial. As a result, Walton found the defense did not meet the high standard set by the Supreme Court that would pave the way for a dismissal of all charges.
Presentations in court became emotional for both sides, particularly when Assistant US Attorney Steven Durham took full responsibility for the mistrial. Defense attorney Michael Attanasio admitted to anger as Clemens faced the prospect of another costly, high-stakes trial.
“By God, he doesn’t deserve this,’’ said Attanasio.
Clemens is charged with lying to Congress when he denied using performance-enhancing drugs during testimony before the House Committee on Oversight and Government Reform in February 2008 and in earlier interviews with House investigators. If retried and convicted, he faces 15 to 21 months in jail.
During the hearing, Attanasio repeatedly charged prosecutors with a “win at all costs mentality’’ given the high-profile case and celebrity defendant. Attanasio also insisted the prosecution intentionally disregarded pretrial rulings about what evidence was admissible and what was not.
On the second day of trial testimony, the prosecution played video clips of Clemens testifying before the House committee. At one point, Rep. Elijah Cummings (D-Md.) referenced a conversation between Clemens’s former teammate Andy Pettitte and Pettitte’s wife, Laura. In that conversation, Andy told Laura that Clemens had admitted using human growth hormone (HGH). Before the trial, Walton ruled Laura Pettitte’s statements inadmissible because she did not talk directly with Clemens.
“There is no doubt, no doubt, this was a calculated effort to make an end run around this court’s ruling,’’ said Attanasio.
