Posted April 17, 2012 on
AP on Fox
Jury selection in the Roger Clemens perjury case was temporarily put aside Wednesday as the two sides argued over the scope of testimony that former teammate Andy Pettitte can provide.
The detour was the latest delay in picking a jury, which U.S. District Judge Reggie Walton said probably won't be completed until next week.
Pettitte is expected to testify that Clemens acknowledged using human growth hormone in 1999 or 2000, and Pettitte will also say that he tried HGH himself a few years later. Prosecutors want Pettitte to be allowed to testify that the source of his HGH was Clemens' former strength trainer, Brian McNamee, who says he injected Clemens with steroids and human growth hormone. Clemens denies using the drugs, and has said Pettitte ''misremembers'' their conversation.
In a filing with the court Wednesday, Clemens' lawyers said that Pettitte's use of HGH has nothing to do with Clemens. ''The proffered evidence would be unfairly prejudicial to Mr. Clemens because it is classic 'guilt by association' evidence,'' they wrote.
Prosecutor Steven Durham said in court that the source of the HGH was crucial to the story, noting that Pettitte and Clemens worked out together with McNamee.
''You cannot strip out half of the narrative, and have it make any sense whatsoever,'' he said.
The government is trying to convict Clemens of lying to Congress in 2008 when he said he never used performance-enhancing drugs.
Jury selection has gone on for 2 1/2 days, and Walton told some jurors to come back Monday, because the questioning of individual jurors won't be finished this week.
The court is narrowing the initial jury pool of 90 to 36, from which to select the final 12 jurors and four alternates. The extra 20 are needed because Clemens' lawyers are allowed to strike 12 candidates and prosecutors eight -- without giving any reason.
By Wednesday afternoon, 24 jurors had survived the first cut.
''We've got to move this along,'' Walton said.
Clemens, who once wore the pinstripes of the New York Yankees, showed up in a dark pinstriped suit for the second straight day. After going through security, he mentioned to his lawyer that he had gone for a run from the Capitol to the Washington Monument.
The only quick rounds of questioning involved jurors excused for one reason or another -- including some who said religious prohibitions against judging others would prevent them from serving. One told U.S. District Judge Reggie Walton that justice was in God's hands.
''Who's supposed to do it while we're here on Earth?'' Walton replied.
On Tuesday, Clemens' lawyer offered some clues to his strategy once testimony gets under way, including a challenge to whether Congress had a legitimate purpose in holding the hearing at which the seven-time Cy Young Award winner testified -- and whether Clemens' testimony was voluntary.
During questioning of one potential juror, Clemens' attorney, Rusty Hardin, raised the issue of whether Clemens truly ''voluntarily appeared'' before Congress. Clemens was not subpoenaed to testify at the 2008 hearing, and the government has always maintained that he testified on his own will.
Clemens' lawyers also filed a memo with the court arguing the government must show that the hearing was a ''competent tribunal.'' The memo listed a dozen ''examples of congressional conduct that exceeds the power to investigate,'' including ''asking a witness to appear before a committee to give him an opportunity to tell his side of the story.''
''There's going to be a challenge by the defense as to the propriety of the hearing ... and the way it was conducted,'' Hardin told one prospective juror.
BEST OF MAXIM
AROUND THE WEB
From Mark Hale:The way things looked for Andy Pettitte after yesterday’s minor league outing, it seemed possible he would need just two more starts before rejoining the Yankees. Pettitte’s return to the major league seemed imminent, meaning Phil Hughes might get just two more turns to solve his woes.
Both Pettitte and Hughes, however, will be getting more time.
Questioning of potential jurors in the Roger Clemens perjury case was completed Thursday after nearly four days, and opening arguments are set for Monday afternoon
The judge, prosecutors and defense lawyers settled Thursday on the pool of 36 prospective jurors from which the final 12 jurors and four alternates will be picked on Monday morning.
The extra 20 are needed because Clemens...
One potential juror was questioned for 68 minutes. Another for 64 -- and he didn't even make the cut. Along the way, Roger Clemens' lawyer offered some clues as to his strategy once testimony gets under way, including a challenge to whether Congress had a legitimate purpose in holding the hearing at which the seven-time Cy Young Award winner testified -- and whether Clemens...
The Justice Department, embarrassed by blundering into a mistrial of Roger Clemens last year, has added more prosecutors as it tries again to convict the famed pitcher of lying to Congress when he said he never used performance-enhancing drugs.
Jury selection in the new trial begins Monday.
The legendary former pitcher, who famously reveled in staring down hitters, will face a...
After the last go-round ended on a mistrial, the Feds are hoping to bag pitcher Roger Clemens at this stanza of their bout with him.
The Cy Young Award winner is still charged with charged with perjury, false statements and obstruction of Congress.
Jury selection begins today and the government has ramped up the numbers in their prosecution party (five lawyers) but then again so...
The specific charges against Roger Clemens in U.S. District Court relating to his sworn deposition to the staff of the House Oversight and Government Reform Committee on Feb. 5, 2008, and his testimony before the committee on Feb. 13, 2008:
Count 1) Obstructed Congress when he:
(1) Said in his deposition he never used human growth hormone.
(2) Said in his deposition he never spoke...
With three additional prosecutors, more than 50 new interviews of witnesses, and hundreds of hours of meticulous preparation, the U.S. government on Monday began its second effort to persuade a jury in the nation’s capital that Roger Clemens lied when he told a Congressional committee that he had never used performance-enhancing drugs. It’s been nine months since federal...
The perjury retrial of Roger Clemens is back and more ridiculous than ever. This Wednesday, U.S. District Judge Reggie Walton allowed the feds to respond to a filing from Clemens’ lawyers over the potential testimony of former/future Yankee and Ex-Clemens’ teammate – Andy Pettitte. Do I smell a very special episode of “Arli$” here?
Pettitte is expected to testify that...
Back in 2006, the Atlanta Braves thought they had their slugger of the future in 6-foot-4, 240-pound Cody Johnson.
Atlanta spent its first-round pick on the strapping Johnson, luring the native of Panama City, Fla., away from a scholarship at the University of Florida. Johnson did not disappoint.
In 2007, playing with the Danville Braves of the Appalachian League, Johnson, in 62...
Roger Clemens stood and uttered ''Morning'' to the 90 potential
jurors who had gathered in the ornate, sixth-floor ceremonial
courtroom, the one deemed big enough to hold them all. After he sat
down, he swiveled his chair, as if trying to make eye contact with
as many as possible.
Prosecutors said they might call former baseball players Barry
Bonds and Jose Canseco, current baseball commissioner Bud Selig and
New York Yankees general manager Brian Cashman as witnesses in the
Roger Clemens perjury case. The defense said it might call former
Clemens teammates Paul O'Neill, Jorge Posada and Mike Stanton, and
baseball writer Peter Gammons.