CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, August 20, 2011

"Clemens Prosecutors Request a New Trial"

From the New York Times:

WASHINGTON — Federal prosecutors overseeing the Roger Clemens perjury case said Friday that they made an unintentional error when showing jurors inadmissible evidence that led to Clemens’s mistrial last month. The prosecutors asked a judge to allow a new trial.

. . . .

For the first time, the prosecutors explained how the mistake had occurred, saying they were too bogged down with opening statements, jury selection and jury instructions to realize that they had not conformed some of their exhibits to the judge’s latest rulings.

. . . .

Clemens’s lawyers have argued that the double-jeopardy rule, which prevents someone from being tried twice for the same crime, should spare Clemens from another trial. In court papers filed last month, they argued that prosecutors purposely showed the inadmissible video clip because their case was going poorly.

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