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-- Fox News alert former Major League pitcher Cy Young award winner Roger Clemens in court right now.
This is new video -- to Fox News Clemens is hoping that a judge will dismiss charges that He lied.
About his use of performance enhancing drugs prosecutors are pushing for a new trial after they presented -- admissible evidence to jurors.
-- -- -- trial the first time around so what can we expect from.
Today's hearing Doug burns or federal prosecutor could see -- that's right.
Defense is yelling at double jeopardy Fifth Amendment -- person can be tried twice for the same crime.
The generally speaking.
That applies to somebody who has been acquitted in can't be retrial in the same church.
Yeah I mean.
You go through three steps warn you can't be tried twice for the same offense so with no further role He couldn't be tried again.
But there are exceptions to every -- -- the two main exceptions Greg our reversal on appeal or a mistrial.
If those happen you can be -- so then the next question is have -- the defense turn around and say.
You can't -- army.
And the defense attorney Rusty Hardin a veteran.
Attorney out of Texas as -- your honor.
They did it deliberately they need presented today evidence you said they couldn't present.
Because they knew that case was going south and they wanted in this trial to start all over again way -- Kind of a stretch if I may be -- semi professor under Oregon -- Kennedy 1982 Supreme Court case US Supreme Court.
If a prosecutor intentionally engages in misconduct.
With the intent to cause a mistrial right.
Then the judge could rule they can't try him again but that's tough standard requires it would have to say you know this is so egregious -- you guys.
On the prosecution side are so smart you had -- -- known that you were violating my Warner.
But you know people are human but you know what in the opening it was interest thing.
The judge had ruled in a pretrial motion you can't get into other major league baseball players use -- start right so the prosecutor says -- I'm not gonna open on that.
Gets right up in front of the jury you'll hear that players say -- -- C used steroids I was surprised that man and so we've ever shot.
There on the -- part of it was video.
-- does have -- where congressman from Maryland Elijah Cummings and there was a video of independents wife right.
Sure the pretrial ruling was you can't get into her statement so what do they do they put that in.
Yeah down -- you know is shining example of bad lawyering.
By glued lawyers on the prosecution does -- -- probably right I mean having been in the heat of battle myself many many times.
You can be a good lawyer and you know you wanna prevail you get a little carried away but I'm still a little puzzled because I've been in so many situations -- is an okay judge we won't open on that.
And get -- and -- you just don't know and there.
The prosecutions excuse seems to be your honor we were just so overburdened.
-- and focusing on so many different things because it's a complicated trial.
Text oppose the fact that they had more than a year to prepare for this.
It -- it not only that when you finally get to crunch time trial and -- are these in -- name motions.
You know very carefully that when a judge says.
You can only say and they don't say see in the you don't get up and an opening and say ladies and gentlemen ABC and they just don't know -- if you were a betting man I guess you would say the judges -- rule -- I think the judge is gonna say.
That misconduct occurred.
But I don't think he's gonna take that second step and say that they did it with the specific intent to cause a mistrial -- then there's a retrial Roger Clemens.
Is it said a tough case.
For the defense to win -- -- so much evidence against Roger on well yes and arm and conventional wisdom is perjury cases are hard to win we've been through that before.
You saw the Barry Bonds case where there was a very much of a split decision service -- a convicted among were allegedly asked all one.
But the point is you're right I think they do pretty good case but -- say one thing for sure.
To sort our wrap up these points if the judge makes a pretrial ruling and they violated again.
That's gonna -- it -- that's it CEO later sayonara.
Right Doug burns former federal prosecutor gives it --
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