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.

Astros extend winning streak to 11 games

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The Astros rallied late to keep their winning streak alive, extending it to 11 games with a 7-4 victory over the Royals on Sunday afternoon. The club is now 48-25, leading the Mariners by a full game in the AL West.

The Royals took a 4-2 lead after three innings, but Brian McCann knocked in a run with a single in the top of the fourth to cut the deficit to one run. Carlos Correa hit a game-tying solo home run in the eighth. The Astros kept their foot on the gas, scoring two more runs on RBI singles from Evan Gattis and Marwin Gonzalez in the top of the eighth and another in the top of the ninth on Correa’s sacrifice fly.

Starter Lance McCullers allowed four runs (two earned) on six hits and two walks with nine strikeouts over six innings. Tony Sipp worked a scoreless seventh. Ken Giles did the same in the eighth. Hector Rondon finished off the win in the ninth, working around a one-out walk with a game-ending double play.

After winning all 10 games on their road trip against the Rangers, Athletics, and Royals, the Astros will head home for a nine-game homestand against the Rays, Royals, and Blue Jays. Each club is below .500.