blank'/> Liberally Lean From The Land Of Dairy Queen: Breaking News and/or Prosecutor "Bashing"

7.14.2011

Breaking News and/or Prosecutor "Bashing"

Let me summarize with high tone legal analysis as to what just happened happened.

Judge: "Hey, prosecutor, do not make any reference to any statement of Mrs X where she says she believes her husband, Mr. X. I know that you are going to use the testimony of Mr. X who will say Clemens told him that he, Clemens, used performance enhancing drugs. I'm not going to have Mrs. X improperly bolster her husband's testimony by saying she believes Mr. X."

Prosecutor: "Gotcha judge!!! Sounds fair to me! I'm a federal prosecutor so I'm well prepared and will play by the rules! Promise!"

Judge: "Ok, then."

Prosecutor: "Judge, may I roll that beautiful bean footage of Clemens testifying before Congress? It's great stuff!!!"

Judge: "You, may"

[Tape showing Congressman questioning Clemens]: "Mr. Clemens, Mr. X testified that you admitted to him of using performance enhancing drugs, and I'm holding an affidavit of Mrs. X who says she believes her husband."

Judge (who palm slaps his forehead): "Stop the tape. Get the jury out of here. [Jury removed]. Mr. Prosecutor, you are so dumb. For sure."

Defense lawyer: "Can I have one of those mistrial thingies?"

Judge: "Boom! Granted!"

21 comments:

Anonymous said...

I'll never understand your latin-saturated legal mumbo jumbo. Next time just use plain old 'merican english.

Upstairs said...

The incompetent prosecutor is no big suprise but a stand-up judge who will actually do the right thing is a breath of fresh cool air on a hot dry morning.

Anonymous said...

It's almost as if this is a Wise Co trial...

Anonymous said...

From the accounts I've read, the defense didn't even have to ask for a mistrial.

Anonymous said...

If the Federal Debt Ceiling is not raised, how will we be able to spend (even) more money on this foolishness?



.

Anonymous said...

All involved have been trying to figure out how to avoid wasting to much taxpayer money. They decided a mistrial with double-jeopardy was the best way to get it done. NOT they don't give a rat's arse about anything but getting to say they were in a high profile trial, lying to congress is like spraying stink on a skunk.
PePe Le'pue

Anonymous said...

Hey Barry...

After looking at this pic, I'm wondering if there is a law class called "finger pointing 101" that law students are required to take.

Is there?

Anonymous said...

Interesting. I see my old friend, Rusty Hardin, standing behind Clemens. Hardin is by all accounts a brilliant attorney who sent more people to death row as a Houston prosecutor than anyone ever. He MUST have known what was on that tape before it was played but waited until after the offending part was played before objecting. Two ways of looking at that, he either waived his objection by letting prosecutor play it, or more craftily, let it be played for a mistrial and a claim now that retrial is barred by double jeopardy because the prosecutor intentionally or with reckless disregard created a mistrial. If you don't understand this post ask your host to explain it. HE understands it.

Anonymous said...

I don't care what Roger Clements took. I don't care what baseball players do on or off the field and neither should the government. Shut up and run the country somewhere besides off a cliff.

Anonymous said...

Look, we all know Clemens shot himself full of PED's. The court of public opinion has already convicted him so let's save the tax dollars on this one. Just let it go, so what if he lied to congress, our current and past president's have done the same.

Anonymous said...

12:40, sounds like you yourself don't understand what happened. Certain things on the tape could have been played without objection. It was up to the party offering the evidence to redact it in accordance with the judge's pre-trial rulings.

They got caught with their hand in the cookie jar. No way he expected it to still be on the tape. Federal courts are so pro-prosecution it's ridiculous, and he knows it.

Rage

Anonymous said...

The world is going to hell in a handbasket and congress is worried about Roger Clemens.

Anonymous said...

Wrong, Rage. To quote the judge in this case "a first year law student" knows that it is up to the person opposing the evidence to object and specifically point out what part of a tape, video, etc. is objectionable. Only after that objection is sustained is it the burden of the offering party to redact the bad part. My point is this: I know Hardin was aware of what was about to be played. No good attorney lets a tape be played without knowing what the jury is about to see. He KNEW that evidence was about to go in and he KNEW what his response would be. Betcha on it.

Anonymous said...

So, I guess the darned bytes are exhausted, gotta be joe duty's fault.

Anonymous said...

Why does congress need to be worrying about million dollar athletes? There are more important issues for them to be concentrating on!

Anonymous said...

Dang lawyers are smart.

Anonymous said...

Due to the Double Jeopardy clause of the US Constitution, prosecution will probably be barred from retrying Clemens because prosecutors knew or shoulda known it would result in a mistrial.

Anonymous said...

Why do you people honestly give a F who or what Roger Clemens does or did?

Anonymous said...

Eric Holder would rather see a white man go down than to see his cronies the New Black Panthers be prosecuted to the fullest extent of the law with video tape proof beyond a reasonable doubt. Can you see a pattern here?

Anonymous said...

Anon 1:04PM, can you remind me exactly when our current President lied to Congress? I just can't seem to remember any time that he has. You might say whargarble about Afghanistan or Libya, and I'll toss those out. Can you come up with some other ones? I doubt it, or else you've gotten your information from Fox News and we all know that doesn't count, unless you are an idiot, and in that case, I'll forgive you for your ignorance, because we all know ignorance is bliss.

Anonymous said...

Double jeopardy applies to a mis trail? What about a hung jury?