« "Battling Collateral Consequences: The Long Road to Redemption" | Main | Vacated death sentence cuts number of women on federal death row in half »

March 24, 2012

Could the upcoming Roger Clemens retrial impact the upcoming MLB season?

The question in the title of this post is inspired in part by this recent story on MLB.com headlined "Pretrial motions filed in Clemens perjury case," and in part because I am about to spend the day thinking too much about the coming MLB season as I participate in my annual fantasy baseball team auction/draft.  Here are some basics, with a bit of sentencing spin:

Government prosecutors filed a number of pretrial motions Monday in preparation for the federal perjury trial of Roger Clemens, while the defense served notice it would not submit motions because any issues should have been resolved before the first attempt to try the former pitcher....

The retrial of Clemens will begin April 16 in Walton's courtroom at the U.S. District Court for the District of Columbia.... In the first attempt to try Clemens last July, Walton declared a mistrial on the second day of testimony after the government showed inadmissible evidence to the jury.

Prior to that attempt to try Clemens, Walton ruled on several issues via pretrial motions from both sides -- including one ruling that an affidavit from Andy Pettitte's wife, Laura, saying she'd heard her husband tell her that he'd discussed with Clemens using performance-enhancing drugs could not come into evidence unless the defense attempted to attack Andy Pettitte's credibility. It was after the prosecution allowed that evidence before the jury that Walton granted a defense motion for mistrial....

The government ... pointed out several issues brought out during the defense's opening statement that they now say should not be allowed in the retrial, including the mention of possible penalties Clemens is facing, the fact that none of his baseball heroes ever took performance-enhancing drugs and statements that Clemens had given speeches to children about staying away from performance-enhancing drugs.

In reference to the prosecution's request that the previous trial be inadmissible, the government wrote, "At best, references to the prior trial only could foster confusion and sympathy" and that the government "respectfully requests that any prior trial testimony introduced at trial be referenced as testimony from a 'prior proceeding' and that the Court bar all other references to the previous trial."

Baseball fans know that Andy Pettitte is trying a comeback with the NY Yankees, and I do think this trial can and will be a distraction to Pettitte and perhaps to some other players who have connections to Clemens and the steroid controversies.  I doubt this reality will impact my on-going fantasy auction/draft much, but one never knows.  (Also, as always, I welcome comments with suggested sleepers to help me fill out my fantasy roster.)

March 24, 2012 at 09:50 AM | Permalink


TrackBack URL for this entry:

Listed below are links to weblogs that reference Could the upcoming Roger Clemens retrial impact the upcoming MLB season?:


Izturis. Any of them.

Posted by: Fudgie Fan | Mar 24, 2012 10:15:27 AM

I feel so much safer and proud that the Feds are going to retry Roger...Its a worthwhile project right.....Maybe for a 4th grader whos the DA for the day....The beat goes on,
the feds have no budget or goals or daily tasks.. Oh well....

What needs to be done is to, elect an all new congress.. If this happens for a few trips thru the voting boothe.. Maybe they will realize they work for us, not themseleves..

Posted by: Midwest Guy | Mar 26, 2012 9:50:34 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB