Roger Clemens will be retried on perjury charges that he lied to Congress back in 2008.
Shortly after 3 p.m. EST on Friday afternoon Judge Reggie Walton ruled that the prosecution did not commit double jeopardy back in July when Clemens initial trial was deemed a mistrial.
Clemens new trial is set to begin on April 17, 2012.
The defense has the right to appeal Judge Walton’s ruling. Clemens’ lead attorney Rusty Hardin has stated the defense will decide within days whether to file an interlocutory appeal.
If Clemens appeals Judge Walton’s ruling, the appeal could take up to a year even if the process is expedited.
Judge Walton was once again highly critical of lead attorney Steve Durham and the prosecution but ultimately determined that the Supreme Court’s standard for double jeopardy is too high in this case. He did not feel the prosecution intentionally threw the initial case.
Back on July 14 Judge Walton ruled a mistrial after the government submitted inadmissible evidence for the second time in two days.
During the examination of congressional staff member Phil Barnett, the government showed video of Clemens 2008 hearing before the House Committee on Oversight and Government Reform. Specifically the video included Clemens testimony before Rep. Elijah Cummings (D-Maryland) regarding his relationship with former pitcher Andy Pettitte and Pettitte’s statement that he and Clemens had a conversation in 1999 or 2000 in which Clemens admitted using HGH.
When the video began to show Cummings delving into Pettitte’s wife Laura’s testimony, Judge Reggie Walton quickly stopped the video and scorned the Government.
The television screen 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 hormones.
Mr. Clemens, once again I remind you. You are under oath. You have said your conversation with Mr. Pettitte never happened. If that was true, why would Laura Pettitte remember Andy telling her about the…
Both the defense and prosecution independently appeared before Judge Walton over the past six weeks before Walton made his final ruling today that a retrial will occur.
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