Judge strikes Clemens' compensation appeal

A federal judge ruled Tuesday that the government does not have to reimburse Roger Clemens for his legal expenses from his first perjury trial, which ended last summer in a mistrial.

U.S. District Judge Reggie Walton said there was no legal precedent for granting the former Yankees pitcher's motion, filed last October. Walton said he did not believe prosecutors intentionally caused the mistrial.

The judge first raised the possibility of government compensation during a hearing last fall, calling it "fundamental fairness" because prosecutors caused the mistrial.

But in his ruling Tuesday, Walton said, "The government's misconduct was not so severe as to warrant financial sanctions."

A mistrial was declared on the second day of testimony last summer after prosecutors showed the jury a video that included testimony by Andy Pettitte's wife, which the judge previously had ruled inadmissible.

In a second trial that ended last month, Clemens, 49, was acquitted on all six counts of lying to Congress in 2008 when he denied using performance-enhancing drugs. Walton had said in April, before the second trial, that he wouldn't rule on Clemens' motion for compensation until after the case was completed.

Clemens' attorney Rusty Hardin didn't respond to a message seeking comment Tuesday.