Searching for meaning in the Clemens mistrial ruling

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It takes a pretty unique intellect to look at what happened with the Roger Clemens case yesterday — a mistrial ending the thing before it began — and consider it anything other than awesome news from Roger Clemens’ perspective.  No, he may not be 100% out of the woods yet, but when you get your criminal trial stopped on a mistrial due to the government screwing up royally on Day Two, that’s a pretty darn good thing.

But Mike Lupica wants Roger Clemens to know that he has no reason to celebrate at the moment, noting that most legal experts don’t think that the potential knockout punch of the case — an argument that a retrial would be double jeopardy — is likely to be successful. That much may be true. I agree that it’s a stretch that the judge will say double jeopardy attaches and thus prevent a re-trial. But how Lupica can look at this as anything other than a good development for Clemens is somewhat mystifying to me.  Take this quote:

“If (Clemens) is convicted,” Reggie Walton said, “knowing how I sentence, he goes to jail. He is entitled to a fair trial. He cannot get that now.”  In that moment, it was as if Walton was coming at Clemens and his lead attorney, Rusty Hardin, with high, hard stuff of his own.

Lupica goes on to quote an attorney who believes that the judge was sending a message to Clemens as well, with that message being “you had better make a deal now.” Never mind that there is no deal on the table available to Clemens at the moment.

Contrary to Lupica and his source’s view, all I see is a judge who has a reputation for giving out harsh sentences acknowledging how serious the government’s error was.  He’s saying Clemens faced real consequences if he lost — which he did — thus making the prosecution’s error all the worse. His comment had nothing to do with his assessment of the merits of Clemens’ defense. Indeed, it would be improper for the judge to actually say something which signals his opinion as to whether Clemens was truly in deep doo-doo because, at least potentially, there’s going to be another jury seated in a few months and he can’t be in the business of prejudicing them. He’s saying that the gravity of the government’s mistake was huge. Nothing more.

Or maybe something a little more, but not what Lupica is thinking. At least one legal observer thinks that the mistrial ruling — in action, if not in the judge’s words — gave insight into the judge being not particularly impressed with the government’s case:

Artur Davis, a former federal prosecutor and former United States representative from Alabama, said that the swift decision revealed Walton’s underlying opinion of the case.

“The judge could have just admonished the prosecution and embarrassed them enough to undermine their credibility with the jury, but he purposely chose not to do that,” Davis said. “For him to take the very extreme step of stopping the trial says he was fundamentally skeptical of the case.”

That may be a stretch too. And of course, you know what they say about opinions and how everyone got one.  But I see Lupica’s view of this thing being colored by some measure of dissatisfaction that Clemens is getting away with something, causing him and his source to stretch to find some sort of negative here.  And I get that because, man, I’m not a big fan of Roger Clemens or Rusty Hardin myself.

But when you wake up in the morning on trial for your freedom, and you go to bed that night with that trial gone and your prosecutors humiliated, that’s a pretty damn good day. That Lupica can’t acknowledge that is rather curious.

Giants beat Mariners again in road game playing at home

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SAN FRANCISCO — The nomadic Mariners are taking their bats from the Bay Area to Southern California for three more “home games” on the road.

Wilmer Flores hit a go-ahead, two-run triple in the seventh inning of the Giants’ 6-4 win Thursday that sent Seattle to a second home defeat played in San Francisco’s ballpark because of dangerous air quality in Western Washington.

The series was moved because of smoke from all the West Coast wildfires. Now, the Mariners are altering their air travel reservations once more and headed to San Diego for a weekend series at Petco Park.

“It’s disappointing, but its the world we’re living in in 2020,” Mariners starter Nick Margevicius said. “There’s a lot of things we can’t control, a lot of things in the season, a lot of things in the world right now.”

Darin Ruf homered in the second inning to back Giants starter Tyler Anderson, who hurt his own cause when he was ejected in the bottom of the third by plate umpire Edwin Moscoso for emphatically expressing his displeasure with a walk to Kyle Lewis.

“Tyler knows that that just can’t happen,” mangaer Gabe Kapler said. “It puts us in a really tough spot.”

Wandy Peralta followed Anderson and threw 49 pitches over a career-high three innings, and Rico Garcia (1-1) worked one inning for his first major league win. Sam Selman finished for his first career save, stranding two runners when Lewis lined out and Kyle Seager flied out.

“Peralta came up huge for us,” Kapler said. “As tough as that was it was equally rewarding and in some ways inspiring to see him come out and give us the length that he did and battle. It gave us a chance to climb back into the game. I thought our guys continued to be resilient.”

JP Crawford hit a two-run single in the second following RBI singles by Tim Lopes and Phillip Ervin, but Seattle’s bullpen couldn’t hold a three-run lead.

Margevicius was staked to an early lead but Kendall Graveman (0-3) couldn’t hold it. The Mariners capitalized in the second after Anderson hit Seager in the backside.

Seattle has fared better against San Diego this season after losing all four to San Francisco. Manager Scott Servais had prepared himself for the possibility his club might have to stay on the road a little longer.

“I think with our players and everybody else it was going to be a two-day trip. That’s what we were led to believe that everything was going to clear up in Seattle,” Servais said. “We can’t control the weather it’s bigger than all of us and with what’s going on there with the smoke. Certainly understand why we have to go but I don’t think anybody was really prepared for it.”

Brandon Crawford contributed a sacrifice fly and Evan Longoria and Alex Dickerson RBI singles for the Giants.

Austin Slater returned at designated hitter for San Francisco and went 0 for 2 with a walk as he works back from a painful right elbow. Luis Basabe singled in the sixth for his first career hit and also stole his first base.

“I didn’t think about it,” said Basabe, who will gift the special souvenir ball to his mother. “I was just happy to get the opportunity.”

Justin Smoak made his Giants home debut as a pinch hitter in the sixth facing his former club after he signed a minor league deal earlier this month following his release by the Brewers.

Anderson, who was trying to win consecutive starts for the first time this season, received his second career ejection. The other was Aug. 13, 2016, while with Colorado.