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Great moments at the Roger Clemens trial

May 10, 2012, 8:23 AM EDT

clemens ap AP

From the New York Times:

A day after telling lawyers to accelerate their pace, United States District Court Judge Reggie Walton dismissed a 27-year-old juror who had been showing up late and falling asleep during testimony.

Also, there is an extended description in here about how prosecution witness Kirk Radomski, on cross examination, could not explain why his testimony at trial, his testimony before the grand jury and the accounts in the book he wrote (and for which he received a $450,000 advance) were all … different.

In any event, if the prosecution gets a conviction after at least two horrible witnesses and a case-in-chief in which they literally put jurors to sleep, it’ll really be something, won’t it?

  1. Jonny 5 - May 10, 2012 at 8:41 AM

    Cha-ching! Cha-ching! Cha-ching! I hear those tax dollars being wasted yet again…. Millions wasted chasing a guy who hurt himself, if anyone at all. And they will more than likely not get a conviction of any significance, if any at all. What a waste.

  2. cubsrice - May 10, 2012 at 8:45 AM

    Could any of this be explained by the fact that Clemens can hire smarter lawyers? Or are government lawyers really that dumb?

    • Jonny 5 - May 10, 2012 at 8:51 AM

      I think the prosecutions attorneys are plenty smart, but they really don’t have much to work with here. I think (anyone can correct me if I’m wrong) that there just wasn’t a strong enough case to prosecute to begin with and this trial probably shouldn’t even be taking place.

      • Craig Calcaterra - May 10, 2012 at 8:53 AM

        I disagree a bit. Any time you have a witness who is going to get on the stand and say the defendant did X, as the prosecution has here in Brian McNamee, you have the beginnings of a strong case.

        The biggest problem here from what I can tell is one of presentation. They should have drastically streamlined this case, put McNamee on, had him say his piece and do all they can to help his credibility. Instead they are lulling the jury to sleep and laying the groundwork for them to question the credibility of EVERY prosecution witness, which is something McNamee does not need.

      • Jonny 5 - May 10, 2012 at 9:07 AM

        I was under the impression McNamee was going to be proven to be too shady of a character to be considered credible at all. I don’t believe him and don’t expect anyone else to either.

      • Craig Calcaterra - May 10, 2012 at 9:08 AM

        Certainly a possibility and a risk. But they’re not doing him any favors by creating the feeling that ALL of their witnesses are shaky.

      • sabathiawouldbegoodattheeighthtoo - May 10, 2012 at 10:01 AM

        Really, the drug dealer with years-old evidence in a dirty soda can has credibility issues? Well, it’s not like the prosecution could have anticipated THAT. It isn’t like Clemens and his legal team tipped their hand that they planned to go after McNamee’s credibility in all of this.

        I am just happy that those responsible for one of the worst financial collapses in our nation’s history have all been processed through the justice system so thoroughly that prosecutors feel they have the time to pursue this crap. If this is the biggest problem facing our government right now, well, welcome to Utopia folks.

    • gloccamorra - May 11, 2012 at 2:11 PM

      In an adversarial system that some contend is descended from trial by combat, it DOES seem that the quality of lawyering plays a large part in determining the outcome, and it sometimes seems more important than the evidence presented. There’s the example of that NY mafioso who was finally convicted only after the government banned his lawyer who had been getting him acquitted. The question is always, is there a better system out there?

  3. lazlosother - May 10, 2012 at 8:48 AM

    I guess the government feels they didn’t look bad enough in the Bonds trial. Meanwhile, congress continues to lie to congress on a daily basis. Woohoo!

  4. churchoftheperpetuallyoutraged - May 10, 2012 at 8:48 AM

    For the lawyers in the house, are there any penalties for the kid who got dismissed? Civic duty blah blah blah, but could you use this to your advantage to get out of jury duty?

    • danandcasey - May 10, 2012 at 9:48 AM

      No set penalties for this type of action (unlike, for example, failing to show up when summoned for jury duty). A Judge does have sweeping contempt powers and could find the juror in contempt of court. In this case, since alternates were seated, the judge probably just wants to keep this event low key – dismiss the juror and replace him with an alternate. No need to draw more attention to the case with a contempt charge, but worth the dismissal because of the potential disruption the juror was causing.

      I had a similar situation in a Federal civil case I worked. Juror dismissed and the Judge told us she was having the Clerk call the man with the next jury pool – I guess her thinking was the guy will ultimately get the message that he needs to perform his civic duty or keep being called.

  5. brewcrewfan54 - May 10, 2012 at 8:50 AM

    If I was a juror I would also being falling asleep. But that’s because I would be getting hammered every night after the day of listening to a nonsense trial was over.

    • jimbo1949 - May 10, 2012 at 2:34 PM

      It’s not so much that a juror fell asleep, it’s that the others have managed to stay awake.

      • nwharleyguy - May 10, 2012 at 4:59 PM

        If a juror falls asleep and misses absolutely nothing of value in the testimonies of the day, is it really a crime or punishable offense?

  6. sdelmonte - May 10, 2012 at 8:54 AM

    If a juror falls asleep, is there any sort of punishment? Being dismissed from a high profile case sounds like a reward to me.

    • shawndc04 - May 10, 2012 at 11:39 AM

      There really is no punishment other than an admonishment by the judge. Perhaps the juror could be cited for contempt if the sleeping happens in front of the judge, but I’ve never heard of that happening.

  7. yankeesgameday - May 10, 2012 at 10:07 AM

    The teflon don is gonna walk. He got to them all. Mario pixo should have written the book, scorsese can do the film

  8. yankeesgameday - May 10, 2012 at 10:09 AM

    Puzo. Damn auto correct

  9. Glenn - May 10, 2012 at 10:43 AM

    What’s next? Are they going to ask Roger to try on a seven-year old latex glove found with McNamee?

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