WASHINGTON — A federal judge ruled Friday that Roger Clemens must face another trial on charges of lying about drug use, although the judge criticized prosecutors’ mishandling of evidence during a July mistrial and questioned the fairness of making the seven-time Cy Young Award winner pay to defend himself twice.
U.S. District Judge Reggie Walton set a new trial for April 17. Clemens attorney Rusty Hardin said he might appeal Walton’s decision. Walton said if Clemens wants to do that, he must request an expedited review by the appeals court to avoid more delays in the case.
Clemens listened intently while both sides argued passionately over his fate, but only spoke briefly to tell Walton he would waive his right to a speedy trial because a member of his defense team has another trial scheduled this fall requiring the long delay in his case.
Clemens’ attorney Michael Attanasio admitted he may sound angry in court because he is — on behalf of his client. “By God, he doesn’t deserve this,” Attanasio said.
Walton said although he’s concerned about the prosecution’s violation of his orders by showing jurors inadmissible evidence, current law does not allow him to throw out the indictment. He said the Supreme Court has set a high bar — Clemens needed to convince him that prosecutors intentionally goaded the ex-pitcher into requesting a mistrial.
Walton stopped the first trial July 14 after prosecutors played a videotape of Clemens’ 2008 testimony to a House committee in which he denied using performance-enhancing drugs. Clemens is charged with lying under oath when he made those denials.
