Roger Clemens

Mistrial declared in Roger Clemens case

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UPDATE: On day two of what was supposed to be a long, arduous criminal trial of Roger Clemens, the judge has declared a mistrial. It’s over. For now anyway.  A hearing has been set for September 2nd when the entirety of the case will be revisited, but now everyone goes home.

The judge was plain as day when he ordered a mistrial. He said “it was caused by the government.”  How so: the government played a video in which the affidavit of Andy Pettitte’s wife was read by Congressman Elijah Cummings, in which she said she remembered Pettitte telling her that Clemens had admitted using steroids. The judge had specifically forbade them to play this video because the testimony was inadmissible as about 18 layers of hearsay.  That was a serious transgression. Inexcusable, really, and could have been caused by only (a) extreme incompetence; or (b) contempt for the judges’ order.

The prosecution will likely continue to pursue this case when the matter is revisited in September.  But at this point, between the Bonds’ acquittal and this blunder, I suspect that the fates are trying to tell the government something about the wisdom of pursuing high-profile perjury prosecutions regarding professional athletes and steroids.

UPDATE II:  If you’d like to see an excellent real-time account of what happened, go to Les Carpenter’s Twitter feed here, scroll down to the tweet that begins “Judge Walton is checking his Blackberry,” and read up.  Fantastic reporting by Carpenter. Totally captures how Twitter can be used in reporting this kind of story.

11:26 AM: Roger Clemens’ lawyer, Rusty Hardin, has moved for a mistrial.  And this just isn’t a case of Rusty being Rusty: the judge said that he will probably grant the request, ending this trial before it truly began.

Reports are still preliminary, but apparently the prosecution played a video to the jury with Andy Pettitte’s former testimony on it. Testimony that the judge has already ruled was inadmissible in this case. Hardin went crazy — you can’t practically ask a jury to disregard something they’ve heard, even though it happens often — and according to those in the courtroom, the judge had no small amount of sympathy for Hardin’s position.  Which he should, because such conduct by the prosecution is, quite frankly, inexcusable and is terribly prejudicial to the defendant.

There’s a recess going on now while the judge considers the mistrial motion.  If he declares a mistrial, we start all over again.  Likely many months from now.

Dusty Baker on struggling Jonathan Papelbon: “He doesn’t look very good.”

WASHINGTON, DC - JULY 24:  Jonathan Papelbon #58 of the Washington Nationals looks on after coming out in the ninth inning during a baseball game against the Washington Nationals at Nationals Park on July 24, 2016 in Washington, DC.  The Padres won 10-6.  (Photo by Mitchell Layton/Getty Images)
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The Nationals lost a heartbreaker on Tuesday night, as the Indians overcame a two-run deficit in the bottom of the ninth inning to beat the Nationals 7-6. Closer Jonathan Papelbon faced five batters but was unable to record an out, yielding a leadoff walk, a double, a bunt that ended up very successful due to a Ryan Zimmerman throwing error, an intentional walk, and a single. Oliver Perez came in and eventually allowed one of his inherited runners to score, saddling Papelbon with the loss.

Papelbon also served up four runs in the outing before Tuesday’s, on Saturday against the Padres. The two clubs entered the top of the ninth tied 6-6, but a walk followed by three two-out singles and a bases-clearing double off of Papelbon allowed the Padres to take a 10-6 lead.

On the season, Papelbon is 19-for-22 in save chances with a 4.18 ERA and a 30/12 K/BB ratio in 32 1/3 innings. If the season were to end today, the right-hander’s 21.4 percent strikeout rate would be the lowest mark of his career and his 8.6 percent walk rate would be his highest mark since 2010.

Manager Dusty Baker didn’t indicate that he’s going to make a change at closer, but he sounded dissatisfied with Papelbon’s performance thus far. Via Mark Zuckerberg of MASN, Baker said, “He doesn’t have his command, which is evident when you walk the leadoff hitter. But it’s like, what do you say? How does he look? Right now he doesn’t look like Pap. He doesn’t look very good. Usually he doesn’t walk people like that.”

The non-waiver trade deadline is on Monday, August 1. The Nationals, at 58-42, still have a four-game lead over the Marlins and a 4.5-game lead over the Mets. Tuesday’s loss has motivated the club to attempt to upgrade the bullpen, Jon Morosi reports. The Nationals were in the mix for Aroldis Chapman before the Yankees sent him to the Cubs. Perhaps Andrew Miller could be next on the Nats’ wish list.

Blue Jays trade Drew Storen to the Mariners for Joaquin Benoit

TORONTO, CANADA - MAY 29: Drew Storen #45 of the Toronto Blue Jays delivers a pitch in the eleventh inning during MLB game action against the Boston Red Sox on May 29, 2016 at Rogers Centre in Toronto, Ontario, Canada. (Photo by Tom Szczerbowski/Getty Images)
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The Blue Jays announced on Tuesday night that the club traded reliever Drew Storen and some cash to the Mariners in exchange for reliever Joaquin Benoit.

Storen, 28, was designated for assignment by the Jays on Sunday after posting a 6.21 ERA with a 32/10 K/BB ratio in 33 1/3 innings. The Jays acquired him during the offseason from the Nationals in exchange for Ben Revere and a player to be named later.

Benoit, 38, struggled as well, putting up a 5.18 ERA with a 28/15 K/BB ratio in 24 1/3 innings with the Mariners.