As we noted last week, Roger Clemens’ lawyers are going to try to argue that he can’t be re-tried because doing so would violate his constitutional right against the double jeopardy. He filed a motion to that effect today, arguing that the prosecutors — worried that they were losing — intentionally introduced impermissible evidence for the sole purpose of getting a mistrial, and as such, should not be allowed to try him again.
Sort of like when your brother hit “reset” on the old Atari 2600 just when you were about to beat his high score.
This is kind of hard to take, though, because the trial was only in its second day. And the first day was so mind-numbingly boring that if the prosecution really did completely bollocks up their case, no one else had really noticed it.
Nice try, and I suppose there’s a chance Clemens wins, but I kinda doubt it.