Roger Clemens: Clemens wants charges thrown out

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In the video, Rep. Elijah Cummings, D-Md., pointed out that Clemens' good friend and teammate, Andy Pettitte, says Clemens admitted using human growth hormone in a private conversation in 1999 or 2000. Clemens responded that Pettitte "misheard" or "misremembered" their conversation. But Cummings said Pettitte's wife, Laura, has given lawmakers an affidavit saying that her husband told her about the conversation with Clemens at the time it happened.

Walton had ruled before the trial began that Laura Pettitte's comments were inadmissible hearsay because she didn't speak to Clemens directly. When jurors began to hear about Laura Pettitte's statement, Walton quickly cut off the tape and admonished prosecutors. Clemens attorney Rusty Hardin did not object when the material appeared on the video. But after Walton stopped the presentation, Hardin at first asked the judge to tell jurors to disregard references to Laura Pettitte, but then asked for a mistrial. Walton agreed, saying he didn't know how he could "un-ring the bell" and give Clemens a fair trial with that jury.

Clemens attorneys argued it was the second time prosecutors had violated Walton's pre-trial orders. The first came, they said, during opening arguments when assistant U.S. attorney Steven Durham said Clemens' Yankee teammates would testify that they used human growth hormone. Walton told jurors to ignore the mention of the other players' drug use, since he previously told prosecutors he was concerned that it could lead jurors to conclude Clemens was guilty by association.

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