WASHINGTON (AP) — Prosecutors in the Roger Clemens perjury case say they made an honest mistake in showing jurors inadmissible evidence and the baseball star should face another trial.
The prosecutors filed arguments Friday disputing Clemens’ position that a second trial would violate his constitutional protection against double jeopardy for facing the same charges twice.
Clemens had argued the showing of the evidence was a deliberate ploy to invoke a mistrial because the prosecutors’ case was going badly. But the prosecutors say their case remains strong and Clemens wants to “gain an unwarranted windfall from this inadvertent error.”
The prosecutors said it was an oversight that they showed jurors a video clip that mentioned that Clemens’ teammate told his wife that Clemens admitted using performance-enhancing drugs — evidence the judge had ruled inadmissible.
