Roger Clemens trial: Judge declares mistrial, new trial on hold
Prosecutors had wanted to call Laura Pettitte as a witness to back up her husband's account, but Walton had said he wasn't inclined to have her testify since she didn't speak directly to Clemens.
Walton was angered that in the video prosecutors showed the jury, Rep. Elijah Cummings, D-Md., referred to Pettitte's conversation with his wife.
"I think that a first-year law student would know that you can't bolster the credibility of one witness with clearly inadmissible evidence," Walton said.
He said it was the second time that prosecutors had gone against his orders — the other being an incident that happened during opening arguments Wednesday when assistant U.S. attorney Steven Durham said that Pettite and two other of Clemens' New York teammates, Chuck Knoblauch and Mike Stanton, had used human growth hormone.
Walton said in pre-trial hearings that such testimony could lead jurors to consider Clemens guilty by association. Clemens' defense attorney objected when Durham made the statement and Walton told jurors to disregard Durham's comments about other players.
There was no objection from Clemens' team during the Laura Pettitte reference, but the judge stopped the proceedings, called attorneys up to the bench and spoke to them privately for several minutes. Hardin pointed out during that time, the video remained frozen on the screen in front of jurors with a transcript of what was being said on the bottom.
Cummings had been quoting from Laura Pettitte's affidavit to the committee. "I, Laura Pettitte, do depose and state, in 1999 or 2000, Andy told me had a conversation wth Roger Clemens in which Roger admitted to him using human growth hormones," the text on the screen read.
The judge eventually told the jurors to leave while he discussed the issue with attorneys in open court.
"Government counsel should have been more cautious," Walton said, raising his voice and noting that the case has already cost a lot of taxpayer money. He then left the courtroom and said he would go consult with a colleague on what to do.
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