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Roger Clemens Trial Declared a Mistrial

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Specualtion is that due to double jeopardy he may not be tried again.

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Great. Now we have to listen to Stephen A. talk even more about how the white guy caught a break while Bonds didn't/won't.

I just heard this on espn's "outside the lines". Reported that the procecution screwed up bad in bringing up some things that the judge specifically told them would not be permisable in court. Now Clemens side can claim double jepardy and not be able to try a case twice. Stupid/ arrogant move by the procecution. I personally hope that they can't bring it again. Maybe that will be a sound message that baeball problems should stay the heck out of a court to begin with.

Great. Now we have to listen to Stephen A. talk even more about how the white guy caught a break while Bonds didn't/won't.

 

Let him :irked:. Idiots like him, Jim Rome and others go around whining and crying about anything anyway:rolleyes:. For the life of me I cannot understand why anyone listens to those idiots. I personally can have my own opnion and value that far more than I do any of these so called experts of any sports commentators of all sports.

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The defense attorney is being credited with allowing the prosecution to dig the hole deeper to help ensure a mistrial. Instead of objecting to the defense's breaking of the rule as to what was admissable as soon as it happened he let it go on further and let the judge finally declare that the info was inadmissable. So Clemens' money spent sounds like it was worth every penny and more.

I just heard this on espn's "outside the lines". Reported that the procecution screwed up bad in bringing up some things that the judge specifically told them would not be permisable in court. Now Clemens side can claim double jepardy and not be able to try a case twice. Stupid/ arrogant move by the procecution. I personally hope that they can't bring it again. Maybe that will be a sound message that baseball problems should stay the heck out of a court to begin with.
This had nothing to do with baseball.

1. A mistrial does not invoke double jeopardy. No judgment has been rendered in a mistrial.

 

2. This is not a trial about baseball. This is a trial about a man who asked to testify before Congress and then lied under oath. The fact that Clemens is such a high profile person works against him in this case IMO. It is important that people see you can not lie before a Congressional committee and get away with it.

 

Question - are prosecuting attorneys the most inept group of attorneys practicing law?

The defense attorney is being credited with allowing the prosecution to dig the hole deeper to help ensure a mistrial. Instead of objecting to the defense's breaking of the rule as to what was admissable as soon as it happened he let it go on further and let the judge finally declare that the info was inadmissable. So Clemens' money spent sounds like it was worth every penny and more.

:thumb: Agreed

This had nothing to do with baseball.

 

You are right, I stated that wrong. I meant that it was a baseball problem that led to this trial, not the perjury charge/trial itself

1. A mistrial does not invoke double jeopardy. No judgment has been rendered in a mistrial.

 

2. This is not a trial about baseball. This is a trial about a man who asked to testify before Congress and then lied under oath. The fact that Clemens is such a high profile person works against him in this case IMO. It is important that people see you can not lie before a Congressional committee and get away with it.

 

Question - are prosecuting attorneys the most inept group of attorneys practicing law?

 

Yes they are...and it isn't even in question sadly.

1. A mistrial does not invoke double jeopardy. No judgment has been rendered in a mistrial.

 

2. This is not a trial about baseball. This is a trial about a man who asked to testify before Congress and then lied under oath. The fact that Clemens is such a high profile person works against him in this case IMO. It is important that people see you can not lie before a Congressional committee and get away with it.

 

Question - are prosecuting attorneys the most inept group of attorneys practicing law?

 

Actually, I believe there is a situation in which a mistrial rendered before a judgment can still invoke double jeopardy. It occurs when there is substantial prosecutorial misconduct purposefully designed to cause the defense to seek a mistrial. Essentially, if the judge believes the prosecutor intentionally did something improper because they felt they were losing the case and wanted a "redo", the judge can bar another prosecution attempt. (To be completely honest, I know this because I once jokingly suggested it to a prosecutor many years ago during one of my cases that was not going particularly well at trial and mentioned I would have preferred to have had the trial temporarily "cancelled" so I could run down a couple new leads. After laughing at me, she informed me of this law. Still won the case, BTW :D).

Actually, I believe there is a situation in which a mistrial rendered before a judgment can still invoke double jeopardy. It occurs when there is substantial prosecutorial misconduct purposefully designed to cause the defense to seek a mistrial. Essentially, if the judge believes the prosecutor intentionally did something improper because they felt they were losing the case and wanted a "redo", the judge can bar another prosecution attempt. (To be completely honest, I know this because I once jokingly suggested it to a prosecutor many years ago during one of my cases that was not going particularly well at trial and mentioned I would have preferred to have had the trial temporarily "cancelled" so I could run down a couple new leads. After laughing at me, she informed me of this law. Still won the case, BTW :D).

 

I believe you are right but it has to be clear that the prosecutor purposely caused the mistrial, which is not the situation in the Clemens case with the trial being in such an early stage. In fact, has there ever been a case where a mistrial resulted in double jeopardy being successfully invoked to prevent a retrial?

I'm probably in the minority but I grew up loving Clemmens. Baseball knew what was going on with the Roids/HGH. They killed themselves with the strike + that era of the long ball brought fans back to the game. It isn't what it once was but that era helped. McGwire, Bonds, Clemmens etc all those guys were wrong but they were also used IMO. It was all good for Owners, Bud etc while they were raking in the dough but once things got hot they are made out to be evil. Don't get me wrong the guys that got hosed are the ones that played clean but I am VERY skeptical of everybody that played during that era + don't think there were many that were clean.

I'm probably in the minority but I grew up loving Clemmens. Baseball knew what was going on with the Roids/HGH. They killed themselves with the strike + that era of the long ball brought fans back to the game. It isn't what it once was but that era helped. McGwire, Bonds, Clemmens etc all those guys were wrong but they were also used IMO. It was all good for Owners, Bud etc while they were raking in the dough but once things got hot they are made out to be evil. Don't get me wrong the guys that got hosed are the ones that played clean but I am VERY skeptical of everybody that played during that era + don't think there were many that were clean.

 

I completely agree with you, I had this discussion with my dad the other day. I believe baseball needs to stop trying to dig in the past, and find people who did use Steroids because there are probably plenty more who did that they will never catch. It's baseball's own fault, Bud Selig and everyone had to have known what was going on, but instead they did nothing to stop it at the time. They needed to get the fans back in the, and what better way to do that than to allow it so they could have players chase down the homerun crown. It's Bud Selig and all of baseball's fault for allowing it to happen, and they only decided to try to really put a stop to it after they got the fans back, and when Jose Canseco started outing people.

 

I am just sick and tired of the hunt for the players who did it. The real people who should be in trouble is Bud Selig, and others for allowing it and not trying to put a stop to it earlier. It's their fault for why baseball records now need an * by it.

I completely agree with you, I had this discussion with my dad the other day. I believe baseball needs to stop trying to dig in the past, and find people who did use Steroids because there are probably plenty more who did that they will never catch. It's baseball's own fault, Bud Selig and everyone had to have known what was going on, but instead they did nothing to stop it at the time. They needed to get the fans back in the, and what better way to do that than to allow it so they could have players chase down the homerun crown. It's Bud Selig and all of baseball's fault for allowing it to happen, and they only decided to try to really put a stop to it after they got the fans back, and when Jose Canseco started outing people.

 

I am just sick and tired of the hunt for the players who did it. The real people who should be in trouble is Bud Selig, and others for allowing it and not trying to put a stop to it earlier. It's their fault for why baseball records now need an * by it.

 

I guess it's kind of like the old wild west. Those towns that had criminals shooting up the bar every night and doing what they wanted, it was the town's fault because they didn't have a strong sheriff. The criminals are blameless because the sheriff and the town let them do it. Is that what you are saying?

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