Clemens denied bid to avoid retrial

WASHINGTON -- A federal judge ruled Friday that Roger Clemens must face a second trial on perjury charges, rejecting the former Yankee star pitcher's bid for dismissal of the case.

U.S. District Court Judge Reggie Walton ruled there was not enough evidence to show that prosecutors intentionally goaded the defense into asking for a mistrial two months ago, as Clemens' attorneys had argued in court filings.

Walton, who set the new trial date for April 17, 2012, said repeatedly he was "troubled" by the events that led to a mistrial, which was triggered when assistant U.S. attorney Steven Durham showed a videotape to the jury that included testimony that the judge had banned.

Clemens' attorneys lobbied the judge during a hearing Friday to dismiss the case on the basis of double jeopardy, the constitutional right that prohibits courts from prosecuting individuals more than once for the same crime. But Walton said he couldn't find any precedent that would support dropping these charges.

Clemens attorney Rusty Hardin said he would decide in "a few days" whether to appeal Walton's decision. Walton said an appeal must be accompanied by a request to be expedited.

Clemens' trial abruptly ended July 14 when Durham showed the video, in which a congressman referred to a Laura Pettitte affidavit corroborating her husband Andy's claims that Clemens had discussed using human growth hormone with him, testimony that had been banned by the judge just days earlier.

Clemens attorney Michael Attanasio argued Friday that Durham showed that videotape on purpose as a means of forcing them into requesting a mistrial, essentially giving the prosecutors a chance to start over.

But in an emotional plea to the judge Friday, Durham took exception to that accusation.

"I want the court to know I would never, never intentionally violate the court's order," Durham said. He called the airing of the videotape that included banned testimony "a mistake" and he apologized to the judge, attorneys and Clemens, who attended the hearing.

Attanasio also argued Friday that a mistrial on the second day of the proceedings benefited the prosecutors because they had already been given a look at Clemens' defense. Walton said there wasn't a tactical advantage for the prosecutors because everyone expected Clemens' defense strategy to focus on the credibility of Clemens' former trainer, Brian McNamee.

McNamee testified before a congressional hearing in February 2008 that he injected Clemens with performance-enhancing drugs in 1998, 2000 and 2001. Clemens' denials of those accusations under oath led to the charges of perjury, false statements and obstruction of Congress. He faces 15 to 21 months in prison if convicted of all the charges.