Judge Denies Clemens' Motion To Prevent 2nd Perjury Trial

A motion by Roger Clemens' defense team to have a judge dismiss the government's case against the former pitcher was denied Friday afternoon, as reported by Fox News.  Clemens' lead attorney Rusty Hardin had asked judge Reggie Walton to forbid another trial following the July hearing in which the judge declared a mistrial after two days of testimony.

According to Fox News, the judge sided with the prosecution and set a date for the second trial.

Hardin accused prosecutors of deliberately sabotaging the case because it was going badly for the government.

During the first trial jurors were shown evidence that was already determined to be inadmissible in court by the judge.

The prosecution team claimed it was a mistake.  Prosecutors-- Steven Durham and Daniel Butler made a critical error by introducing the barred evidence.  They apologized and impelled Walton into giving them another chance.

The evidence in question was a video in which a congressman referred to testimony by Laura Pettitte-- former Yankee Andy Pettitte's wife-- that Walton had barred as second-hand testimony.

In a statement, Walton said," I want to believe it is a mistake.  I would find it hard to believe that they would blatantly disregard a ruling I would make.  But it's hard for me to reach another conclusion."

Hardin, meanwhile, thinks a retrial would be a "reward" for the prosecutors for causing the mistrial in the first place.

Clemens is accused of lying under oath after speaking before a committee about steroid use in 2008.

At that hearing, Clemens testified," No matter what we discuss here, I'm never going to have my name restored.  But I've got to set the record straight.  Let me be clear.  I've never taken steroids or HGH."

Today's decision by judge Walton means that there was no procedural misconduct and it favors the prosecution.

The ruling determined that Clemens will be tried once more for lying under oath.  The trial date is set for April 17.

A guilty verdict would further tarnish the image of one of baseball's greatest pitchers and hinder his chances of getting into Cooperstown.

Hardin said it would take a couple of days to decide if they will file an appeal.