|07.14.11 at 1:20 pm ET|
Boston lawyer Harry Manion joined Mut and Merloni Thursday, saying the prosecution in Roger Clemens‘ perjury trial was “reckless” and “disrespectful” with their use of inadmissible evidence, leading to a mistrial. He added that he did not believe there would be another trial for Clemens due to double-jeopardy.
“Here’s the question: Is the declaring of the mistrial while the defendant, Roger Clemens, is at jeopardy? In the law, that means he’s at trial,” Manion said. “Jeopardy is attached for the purpose of double-jeopardy ‘¦ the constitutional concept that you cannot be be prosecuted twice for the same crime.”
“I’m telling you, what you’re going to be hearing over the next 24 hours [is] a motion from the defendant, [Clemens’ attorney] Rusty Hardin saying, ‘Jeopardy attached. You can’t try him twice. It wasn’t my fault. It was the government’s fault. Release him, and call this over.’ If that’s the case, he walks away a completely free man, never to be prosecuted again for anything that happened in Congress.”
The prosecution twice made mention of Laura Pettitte’s account of what her husband, Andy, had told her about a conversation between he and Clemens. It was ruled inadmissible evidence prior to the trial, and when the prosecution showed video of her 2008 affidavit, U.S. District Jude Reggie Walton took a recess and eventually declared the mistrial.
“I try cases all the time. I’m a trial lawyer,” Manion said. “This is what all those pre-trial motions are about. They’re called motions in limine. It’s the judge telling the lawyers, ‘Look. In your opening statement, in your evidence, stay away from the subject matter. I ruled it inadmissible.’ If you tread over the line, you get yourself in trouble with the judge.
The defendant can get sanctioned, admonished, but that the defendant has a lot of rights. The prosecutor does not. The prosecutor has to obey the letter of the law. When a judge says, ‘Stay away from Mrs. Pettitte’s affidavit, stay away from the conversations she allegedly had,’ and then you go refer to it in your opening, and worse, you play a tape of it involving a congressman in which the conversation is alluded to and highlighted on the screen and sits in front of the jury, that is such reckless conduct, and such disrespectful conduct that I could see Judge Walton — who is nobody to mess with, I mean he is a real tough, strict judge. I could see him walking out at 2:00 this afternoon and granting a motion to dismiss this prosecution.”
A hearing to revisit the matter is scheduled for Sept. 2, but Manion believes that all of the attention given to the way this week’s trial fell apart that getting an indifferent jury would be too challenging.
“This is also just absolutely terrible pre-trial publicity. The entire world knows now what has happened, and you’re never going to get a fair jury. You can’t even change the venue. Fundamental fairness [says] don’t prosecute Roger. He has a big chance right now to walk away from this. We’re going to find out I think in the next 24 hours whether that happens or not.”
|07.14.11 at 12:00 pm ET|
Daniel Bard hasn’t allowed a run since May 23, a stretch of 19 1/3 innings in which his ERA has plummeted from 3.60 to 2.05. The Red Sox are 4-0 in Andrew Miller‘s four starts this year, and Miller himself is 3-0 with a 3.57 ERA.
This isn’t the first time Bard and Miller have played together. They were teammates at the University of North Carolina, two years ahead of Portland Sea Dog catcher Tim Federowicz. And Federowicz, who was a freshman at UNC when the two pitchers were juniors who were on the cusp of being drafted in the first round of the 2006 draft, said their powerful arms were evident even then. Read the rest of this entry »
|07.14.11 at 11:18 am ET|
The Marlins will look to deal away their closer Leo Nunez at this years trading deadline, writes Juan Rodriguez of SunSentinal.com. Nunez is salary arbitration eligible for the final time and it does not seem likely that the Marlins would want to take on the salary increase that is expected.
Nunez is in his seventh year in the league. Before the Marlins he was with the Royals. In 2010 Nunez finished with 30 saves. Currently in 2011 he has recorded 25 saves and has a WHIP of 1.20.
|07.14.11 at 9:22 am ET|
Currently they have Yuniesky Betancourt playing shortstop and Casey McGehee at third base. Both of which are below average defenders, and defense is a priority for the Brewers.
Rosenthal names possible replacements as Jamey Carroll of the Dodgers, Orioles shortstop and former Brewer J.J. Hardy (if he is available, and does not resign) and Royals switch-hitting third baseman Wilson Betemit.
|07.14.11 at 9:21 am ET|
According to ESPN’s Buster Olney, J.C. Romero will opt out of his minor league contract with the Nationals and sign a minor league deal with the Yankees if he is not promoted to the major leagues by July 15. He had signed with the Nationals recently under the impression that he would eventually join the big league club.
The Yankees have been searching for left-handers to help their bullpen ever since it was learned that Pedro Feliciano would be out for the season with a shoulder injury.
Romero is a 13 year veteran and has appeared in 652 games over the course of his career.
|07.13.11 at 9:18 pm ET|
According to FoxSports.com, Kansas City reliever Joakim Soria has six teams on his list of clubs he can refuse to be dealt to, with the Red Sox among the group. Besides the Sox, other teams Soria can reject a trade to are the Phillies, Dodgers, Rockies, Braves and Yankees. Many times large market teams are included on players’ no-trade lists in order to use as leverage to get extensions on their current deals.
The 27-year-old closer is having somewhat of a down year, going 4-3 with a 4.03 ERA and 15 saves. Soria is in the last guaranteed year of his current deal (paying him $4 million), with the Royals holding club options on him for the next three seasons.
|07.13.11 at 6:00 pm ET|
When asked his thoughts regarding the All-Star Game impacting home-field advantage in the World Series, Francona said that he wasn’t a fan of it.
“Maybe the significance of this game has run its course,” he said.
Added Francona: “The way they’re playing the game with fan voting, they want interviews in the dugout, they want a lot of things to make it not like a regular-season game and then at the end you end up treating it like the most important game of the year.”
Following is a transcript of the conversation. To hear the interview, go to The Big Show audio on demand page.
|07.13.11 at 4:11 pm ET|
The Royals are already out of playoff contention and will assume the role of trade deadline sellers once again. This time around, ESPN’s Jason Churchill thinks Kansas City can make a big step in the rebuilding process by shopping Alex Gordon.
The 27-year-old’s stock has never been higher. He’s hitting .299 with 11 home runs, 50 RBI and 50 runs scored entering the All-Star break. According to Churchill, Gordon is one of the top trade pieces in baseball, and could be swapped for a solid number three starter or a package of prospects.
|07.13.11 at 3:20 pm ET|
Rockies pitcher Ubaldo Jimenez has been the subject of several trade rumors over the past few days, with several teams — namely the Reds and Yankees — showing interest in the right-hander. While the Rockies have said they’ll listen to offers for Jimenez, Troy Renck of The Denver Post reports he isn’t going anywhere.
According to Renck, Rockies general manager Dan O’Dowd is only hearing trade offers to feel out other teams’ needs, and is not looking to sell. With a very thin market for starting pitching, Colorado would have a very hard time getting equal value for Jimenez, although he’s 4-8 with a 4.14 ERA.
|07.13.11 at 2:54 pm ET|
Heyman reports that Sabathia may have been acting alone, and that the Yankees still might not pursue Fielder, who will be a free agent in 2012. However, Sabathia’s endorsement of New York suggests that he’ll be staying with the Yankees for the foreseeable future, whether it’s through a contract extension or picking up his player option.
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