The judge in Roger Clemens' federal perjury case has declared a mistrial due to a television monitor that was left on, allowing the jurors to see information that had previously been deemed inadmissible. "I don't see how I unring the bell," U.S. District Judge Reggie Walton said before making his decision official.
The cause for a mistrial centered around the issue of witness credibility. Walton had earlier ruled that he would not allow testimony or evidence about the credibility of key witnesses in the case against Clemens, including Andy Pettitte, a former teammate. While the judge and the lawyers were having a private meeting, a television set was left on, revealing written comments by U.S. Rep. Elijah E. Cummings during a 2008 House hearing discussing the validity of Pettitte's testimony.
Clemens' is being charged with perjury, obstruction of justice and making false statements in a recent criminal trial dealing with Major League Baseball players and their use of performance-enhancing drugs. The mistrial ruling, coming after only two days of testimony, is good news for him in that it may mean he cannot be re-charged for the crime. The judge set a Sept. 2 hearing to determine the next step in the case.
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