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July 14, 2011



How an experienced prosecutor could make such a mistake when the "evidence" so clearly is immaterial, inadmissible and prejudicial is beyond me. This is third-year law school evidence. It had to be intentional; US prosecutors are not that incompetent. He should b disciplined or, even more appropriately, dismissed. The judge should sanction the government by dismissing the case even if double jepoardy didn't attach (which it does).

Roland Thau

If the government deliberately provoked a mistrial by eliciting evidence that the court had previously ruled inadmissible, a defense motion to bar a new trial on double jeopardy grounds will no doubt be made and the judge may grant it.

That would then result in the dismissal of the indictment and the end of the case: Clemens 1, Government 0!

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