Jul 14, 2011|
Harry, founding partner in the Boston law firm of Cooley Manion Jones, talked about what the prosecution did wrong in the Roger Clemens case which led to the mistrial, the possibility of jeopardy being attached and Clemens walking free, what could happen with the prosecution going forward, how millions of dollars have already gone into the case and why he believes there will not be another trial.
Transcript - will not be 100% accurate
I'm not saying senator Mitchell report is entirely wrong I am saying Brian McNamee McNamee statements about me wrong. That is Roger Clemens. Who will I guess next time he talks not be in a courtroom as we get a mistrial on date to -- On this thing and we're here a lot of different things about this and meet a guy who absolutely. Has broken it down for years have not heard him a lot on his radio station and hairy man -- man Ian Jones in Boston. Joins us here Harry Mike and little Dario. There were doing good but boy can you. Sum up what we saw here today because everything we're reading from the folks at this trial -- are saying that this was a thrall -- sports term year. A huge rookie mistake by the prosecution and an embarrassing one at -- to -- do we now have this afternoon a mistrial in the clemens' case. You know it's the old saying about her sports life better to be lucky than good and that not -- -- Clement Israel where he he literally uproot and what happened in your key issue that is not the end. It's being teed up right now. What happened is the prosecutor may have -- he. Made two mistakes in opening statement he went into an area of the church told to stay away. And then in it in his initial presentation of evidence to date they played at eight. That that referred to -- alluded to a conversation involving the and it. That was not to be put in evidence. And eat and having done both of those things especially the tape was played right before the jury about a conversation. This is Pettitte who has indicated that judge Walton was not going to be testifying. -- or statements were here. By putting that statement manager -- -- that they poisoned the well to paste at the hoop and he said quote I cannot ring the bell. He Clinton style in this -- all that effort to seat MD 82 page question rule there. Weeks and everything -- -- now. It Walton is now conferring with his colleagues about what to do next and here's the question. It. Did the declaring that the trial wealthy. The fact that Roger Clemens is act jeopardy and it in the law that mean peace at try. -- pretty attached for the purpose. Object double jeopardy not eating -- but constitutional. Concept that you can not be prosecuted -- -- -- Normally. The potential for a mistrial. And merely. By. The speaker is eight on or all of the case. Circuit. You know -- it's it's capped the question here what year. Government giving their misconduct. Whether it's inadvertent or intentional. -- -- Or -- triple later today or tomorrow is gonna walk out that pensions say I have now I will grant demo to dispense. And he is a free man and three of these charges that the that's what's happening right now nobody knows yet that he. But I'm telling you that -- -- going to be hearing over the next 24 hours a motion I would and then Rusty Hardin say. Jeopardy attached. He can't try and twice wasn't my fault that the government all. What release him and call this over and if that's the case he walks away. -- completely free man never be prosecuted again for anything happening. Is there are -- that's I mean it's amazing it's got that if you what do you do the prosecution of the government I mean how do you. What it a toggle mistake I mean you -- the are -- a law student. Well I promise not Beckett Boston's they did a good job. Here here are your student beat former yeah I'll get fired. I'm if I'm Obama looking for a New York attorney out. Well I mean can we I try case -- all art and -- on trial lawyer. And when the -- -- We're almost pretrial motions agriculture called motion to believe mini and and they and it is the judge and the lawyers look. In -- opening statement in Europe stay away from -- subject. I ruled inadmissible and if you try to go on. You get yourself in trouble with the judge now at the and that. You know you can get sanction you that you can get that money. But the defendant has a lot of right a prosecutor does not. The prosecutor -- them all papal letter of the law electric space as they wait and edit app that -- Stay away and the conversation allegedly at. And that you thought you refer to your opening and hours you play it up it involving congressmen and -- in Litsch. The conversation is alluded to. It on the street and pray that -- Is reckless kind in such disrespectful conduct. Eject Walton -- nobody and that's. He has -- mean he is they really are strict judge I seen walking out at 2 o'clock this afternoon guys and and declaring April -- did get in -- and graphic motion to dismiss -- prosecution. Let's tell us once again as is this is so inexcusable as far as the government goes having. There's a couple of people just Chiming in the conspiracy theory maybe like Jerry Davis of elect Germans do this again. Well not possible that possible leak. We'll wait until that would be personal that would be so unethical in -- just a -- and -- to jump to that conclusion. I don't lol. Guys what what what motivated these I think with a different prosecutor. It does -- that the opening verses at different prosecuted but the evidence in the I don't know what motivated to immediately misunderstanding. Of in order or are the ruling. Or or thinking that you'd be getting -- calling this is that it wasn't violent -- -- I don't want to jump to any kind of conspiracy theory it certainly -- want a job that they didn't like mr. outlook to -- whoever now but. It if it's at that was intentional -- at risk yet most reckless stupid gambit I've ever heard because. They are now on the on the risks of having lost the prosecution sort what is the net net of this. -- that that is the extent I'd be ten million dollars maybe more prosecuting Roger Clemens on a crying. Many of the jurors who where my potential jurors during -- here for example. I don't think it's a -- many in congress should even be mucking around based on what. Let's be important but that's okay socialized so what everybody lies in a -- number jurors came back that was sort of a problem up. The magnitude in the end the you know given the nature of how many serious crimes are committed every day whether that's really -- more -- That's -- and now this is. We're there's. I can't imagine how I'm United States attorney for the District of Columbia I can ever live that out it's just that whole disaster that. Harry medical Emanuel Jones in Boston joining us so I can go back to the bid to the prosecution use this evidence because I think I assume wrong it sounds like. But this is an accident that somebody should -- -- this out that that that they just short they shelled this thing. Accidentally not realizing what they're doing Harriet sounds like it may. You're saying that this is a prosecution that was pushing the gamble late too far and knew what they were doing knew that the judge who are slap them on the rest during the opening statements and -- getting care. Yeah right you -- 888. You might like it that. Also tonight based on you know the -- and you know a two hour or two hours ago we don't know that might surmise is that it thought it was great year. They knew they couldn't put in the -- witnesses had a conversation. -- -- But they obviously did not believe -- they were recruited from even alluding to it -- having anyone allude to it that's what happened it was alluded to. And so at least the gray area and and you know it it it well and determined. That they did it you directly or actually it will refer the entire unit. Those two lawyers immediately to -- console for the support they will be it will be subject to security. The Clinton and and and and and I think -- if he concludes that it was not inadvertent bought an animal be called upon. The lawyers believe a lawyer in the and the lawyer who put this shot pick up will be called upon to exploit whole. Well what they're thinking -- how they couldn't eat its stake in called the first year law student at would have known not to do so. Are you conclude it's that momentum. Regis reckless what they're -- intentional if it's intentional. And their like even a possibility of criminal prosecution for obstruction of justice it's -- memorial. Real serious mistake -- very high profile case it is -- you can do a lawyer. -- the trial at the fact that we're only in eight to does that determine anything as far as I eat. The judge rules moving Ford at double jeopardy case in other words approved doppler three full weeks -- would it matter. I'm prosecutorial misconduct. And -- jeopardy if you fight that you'll want to dismiss charges and. Free man he's gonna do well it wouldn't matter what it was 8482. So they'll be -- Even back and forth here at the judge and his counsel they get to decide this year will be the -- -- -- talking about the. I think -- well I think I think I think -- right now. Just -- and you can Ehrlich is clerks he's probably gonna confer with. With colleagues. Is -- doing research and he's considering what his options. It is that the jury to -- at that particular. At east this particular trial is so it's it's all its term. The questionnaires. And -- Walton permit. The government to retry. Start a new trial let's that the government will say they wanna do it -- -- start tomorrow let's start the process again at the questionnaires. Bring in another 200 jurors. And Rusty Hardin lead counsel for Roger's gonna sing well. -- -- -- -- It double jeopardy if they're all of Europe constitutional. Fundamental fairness you can not prosecute record here's -- second argument I would make. By the way. Also -- absolutely. Terrible pretrial publicity the entire world knows now what is happened and you're never gonna get surgery. So so you know you can't even change of venue. Fundamental fairness don't prosecute -- yet that picture right now to walk away from it and we're gonna find out I think in the next 24 -- whether that happened. Kerry going into this thing I remember last year I think you campus radio station and set at that time since late 2010 at. You thought Roger Clemens was gonna serve jail time had that. And that opinion stuck with the U heading into this trial when they everything was set or did you change your mind on that. I change my mind I think he. I think he lied to congress I don't have any doubt in my mind that he lied to congress I. I reviewed the pretrial evidence and I think you -- the congress what makes me think. -- -- He has the chance of being acquitted. Ever try it is -- what happened in bonds in which they hung on. The issue of perjury. And and perjury before a grand jury in in the -- of bonds and perjury before congress in late in the investigation that they may or may not even should be doing. -- at the jurisdiction to do it two different things. And that and certainly the analysts. A -- you know what the analysts were saying about about the H one and. During quart the year the entitlement process and so. I think at least -- -- and if not more. -- potential jurors and I don't think it should be prosecuted I think. I think this whole thing about lying to congress shouldn't even be worthy of prosecution everybody lied to congress I -- each -- -- that they. The deal. -- he took steroids. And that shows the American people -- -- and hired a spending a lot of money and time and effort on neat -- -- prosecutions and if that case they all apply the law that -- They'll do it didn't mind the leader saying because it'll be you know a divided or dealt with him so I think. I think -- has you know I think it's the last two months it's really. Really broke away I don't think that is anything to do the merits of what life here I can keep that error I think that you lied about it and pocket and -- about that. It's like Egypt and from from just reading evident. -- this -- this case is tried again in September. This today play a role in the government's case -- that hurt their case at all hours just clean slate. It's clean slate black. Well it's gonna have to go to great links when you can paneling in new jury and the jury has to. -- what they've heard and what they might have heard and what -- -- have heard about what happened and inner about July and that's going to be hard to find the jury can be doubly hard. Have signed an impartial. Jury doesn't know that this went out and that that that that that a mistrial declared so. It's it's nuts and Walton knows -- and that's in the -- created by the prosecutors and normally what I'm not treated by the prosecutors. To the disadvantage of the defendant. Especially in a crime like alleged crime like this which is not know -- I. We depicted here the system. I think everything. All orders toward the dismissal and ending this entire prosecution. That looks and I'm getting right now that might feel right now but that just. The field based on thirty years ago it. That's a great spot Kara appreciate you hop and all what this up breaking news of Clemens and we thank you for your time today. Various area Gagnon of -- -- Jones here Boston joining us on the program on five to ten unbelievable. Victory. Five to ten million bucks they spent on this thing. And Harry's opinion there will not be a second trial he talked about a complete. Rode out the window. Now it appears that judge Walton told the group before they broke up a few minutes ago that. He's gonna have his own thoughts but he may allow the prosecution and the defense to argue. For and against. A retrial of this. But this is this is unbelievable that you -- -- at the whole conspiracy thing. Very risky in dollar and with it like Jerry didn't like the case stated it you know 34 -- months to come up the -- the better but. Risky and I found out through those guys gonna have a job it -- -- -- sounds to me listening to Harry talk about they pushed the envelope they knew what they were doing. And they got not only slap on the -- they got this you know Cornell and they got this thing you know -- -- out at you minute you put that tape in front of the Jerry. In the court you'd know what's gonna happen don't you. We shouldn't you know you should now. It's a it's a terrible job on the prospect embarrassing for the government and -- right discussion lose their jobs. We see you guys lined up the jump on -- talk about this at 6177790850. Toll free 888. By 250850. A quick break their right to your phone calls.