Clemens may not be out of the legal woods yet

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by Associated Press

kvue.com

Posted on July 24, 2011 at 3:38 PM

Updated Sunday, Jul 24 at 3:38 PM

WASHINGTON (AP) -- Legal experts say Roger Clemens' battle against perjury charges probably will be the subject of a new trial.

To avoid that, the experts say the baseball star would have to convince the judge that prosecutors intentionally provoked him into asking for a mistrial by showing jurors inadmissible evidence.

But attorneys and scholars who reviewed transcripts of the case provided by The Associated Press say there's no indication prosecutors wanted to start over.

U.S. District Judge Reggie Walton is considering whether another trial would subject Clemens to double jeopardy. A mistrial was declared July 14.

Walton has ordered both sides to submit their arguments in writing and has set a Sept. 2 hearing on the issue. Experts say a second trial seems likely under rules established by the Supreme Court.

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