O/T - Judge Declares Mistrial in Clemens Case

David Atkatz · #1 07-14-2011, 06:53 PM

Quote:

Originally Posted by LanceRoten

Time to give it up and move on. This version of the witch hunt is just getting more and more embarrassing for the governement

. Bigger fish to fry guys. Debt, deficit, wars that are unwinnable. Much bigger probs in the world.

Wrong. The Romans understood the importance of bread and circuses. People need entertainment. And many, many, people will enjoy seeing Clemens' fat, track-marked ass in the slammer.

packs · #2 07-14-2011, 07:41 PM

Why would a lawyer disregard an order from a judge like this? Should lose his job.

Kenny Cole · #3 07-14-2011, 08:11 PM

Poor lawyering at best, sounds more like a knowing violation of the Court's order. Either way, a pretty sad display. Around here, the fed's conviction rate is around 95%, most of which they keep on appeal. If this is any indication of how the feds treat cases there, I suspect that the conviction rate is lower and that the reversal rate is higher. What a waste of time and money.

calvindog · #4 07-14-2011, 08:11 PM

Here's an old truth about the trial business: behind every acquittal is an incompetent prosecutor. Today is no different.

Peter_Spaeth · #5 07-15-2011, 07:41 AM

I suspect he will be retried. The prosecutors should have been more careful but that evidence was almost certainly coming in on rebuttal anyhow because the defense would have attacked Pettite's credibility.

calvindog · #6 07-15-2011, 10:08 AM

Quote:

Originally Posted by Peter_Spaeth

I suspect he will be retried. The prosecutors should have been more careful but that evidence was almost certainly coming in on rebuttal anyhow because the defense would have attacked Pettite's credibility.

That won't be a basis to allow a retrial to go forward. An order is an order and the prosecutors were idiots and overzealous. This is what prosecutors are. They're always looking for the next job, hoping to use a high-profile conviction to further their goals.

Peter_Spaeth · #7 07-15-2011, 11:56 AM

And all defense attorneys, naturally, are extremely scrupulous.

calvindog · #8 07-15-2011, 12:07 PM

No, but we're not responsible for charging people with crimes or requesting punishment. We also don't have the constitutional requirement to turn over exculpatory information about our case. So, defense lawyers aren't held to the same standard as prosecutors. Too often prosecutors are focused on just winning and not dispensing justice.

ls7plus · #9 07-16-2011, 04:08 AM

Quote:

Originally Posted by calvindog

That won't be a basis to allow a retrial to go forward. An order is an order and the prosecutors were idiots and overzealous. This is what prosecutors are. They're always looking for the next job, hoping to use a high-profile conviction to further their goals.

I found Jeff's comment especially interesting in light of what our Michigan case law states their duty to be: to see that the interests of justice are served, and not simply to gain a conviction. In more than 30 years of practice in appellate law, both civil and criminal, I can't recall even a single prosecutor who conducted himself in that manner. Rather, their approach has unfailingly been to gain a conviction at any cost, and I'm sure their promotions and pay hikes are linked to their conviction rates (as well, of course, as their political ambitions). Perhaps this was just one more example of such motivation at work.

And with regard to Peter's comment, let me state that I've always felt that my role on the defense side is to protect the integrity of the system; to keep it not only intact but vibrant, vital and alive, in order that the first innocent among us to be wrongfully brought up on criminal charges will have all of the protections of his rights the system was intended to afford to him.

Best wishes,

Larry

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
N172 Old Judge Clark Griffith Rookie For Sale	paul	19th Century Cards & ALL Baseball Postcards- B/S/T	0	05-11-2010 08:05 PM
Question regarding the "GOODWIN & CO." line on 1889 OLD JUDGE cards...	orator1	Net54baseball Vintage (WWII & Older) Baseball Cards & New Member Introductions	6	01-31-2010 03:37 PM
Old Judge Population question	bbcemporium	Net54baseball Vintage (WWII & Older) Baseball Cards & New Member Introductions	16	06-09-2009 11:27 AM
Large Old Judge Cards	Archive	Net54baseball Vintage (WWII & Older) Baseball Cards & New Member Introductions	3	01-14-2009 10:54 PM
A sort of Old Judge Proof essay	Archive	Net54baseball Vintage (WWII & Older) Baseball Cards & New Member Introductions	5	01-24-2004 10:20 AM