(Image Source: The New York Times)

BY ADAM FALK
ANCHOR GARY COTTON

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An unexpected game two for the Roger Clemens case. The judge ruled Friday to give prosecutors a second chance to present their case against the former star pitcher.

The first trial ended in a mistrial after the prosecution presented evidence the judge said was too she-said-he-said-Clemens-said he was using human growth hormone - double-heresy. Legal analyst Jack Ford explains what it takes to mistrial. (CBS)

“Essentially it happens if a judge believes that something has played
out in front of the jury that could have an impact on the integrity of the trial. … And the judge said, again his line was, ‘I can’t ring the bell here.’” (CBS)


But is giving the prosecution another swing at the pitcher fair? ESPN reports, Judge Reggie Walton believes the prosecution made an honest and early mistake in presenting the statement from Andy Pettitte’s wife.

“Walton knows [the prosecutors] well enough to know they are not the kind of lawyers who would deliberately sabotage a case under any circumstances, much less early in a trial that is going well.”

Still, the defense is saying this accident was part of the prosecution’s gameplan. And now that the defense’s playbook is no secret, they are saying the prosecution is simply trying to make a run-around Walton’s ruling.

“We are deeply troubled by what happened … Something has gone wrong here. It continues to this day. That something is a win at all costs mentality. That’s not fair ... This case should end. Enough money has been wasted. The government doesn’t deserve a second bite at the apple.” (The Washington Post)


But a reporter for WNYC says, the defense might have an edge -- Clemens. The Rocket’s rep isn’t great, but he says in Walton’s courtroom...

“[Clemens] was quiet, even [demure]. There were no outbursts, no grimaces, no mouthed profanities. When judge Walton declared the mistrial, Clemens did not pump his fist.  He did not high five his attorneys.  He seemed not to react at all.”

A blogger for Yahoo! Sports asks the question, why does anyone want this to continue? He argues the prosecution lost game one and another trail is pointless.

"Is the cost of millions more to throw together another trial with hours and hours more preparation justified in proving Clemens lied when he pointed his finger in Congress and declared that he never took steroids? Does anyone care anymore? It almost seems as if the window for a Clemens trial was open this summer and by botching the case, the prosecution ruined the best shot it had."

The retrial is scheduled for April 17, 2012 - a little over four years since Clemens first hearing.
 

Transcript by Newsy.