Trials & Litigation

Judge Declares Mistrial in Roger Clemens Case Due to Prosecutor References to Banned Evidence


A federal judge has declared a mistrial in Roger Clemens’ trial on charges of lying to Congress about taking steroids and human growth hormone.

U.S. District Judge Reggie Walton of Washington, D.C., ruled after prosecutors showed a video that referenced banned evidence, ESPN.com reports. “I don’t see how I unring the bell,” Walton said.

The video referenced an affidavit by Laura Pettitte, wife of Clemens’ former teammate Andy Pettitte, backing up her husband’s claim that Clemens had told him he used human growth hormone. Walton had previously barred Laura Pettitte’s testimony as hearsay, though he said it may be used in rebuttal, according to the New York Post and the New York Times.

On the video from 2008 congressional hearings, U.S. Rep. Elijah Cummings read from Laura Pettitte’s affidavit. “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 hormones,” she said in the affidavit.

Walton said prosecutors had also ignored his rulings by stating in opening arguments that Pettitte and two other teammates had used human growth hormone, ESPN.com says. Walton had barred the evidence, saying it could lead to guilt by association.

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