Roger Clemens Could Be Found Not Guilty because Jurors Ignore the Evidence

Roger Clemens will go on trial on Apr. 16, 2012. The seven-time Cy Young Award winner was indicted in 2010 for perjury, making false statements and obstruction over his testimony to Congress in 2008, in which he denied ever taking steroids and human growth hormone.

In July 2011, Judge Reggie Walton declared a mistrial because prosecutors disobeyed his orders not to show jurors a video clip that contained materials he had banned from the case. The experienced prosecutors introduced inadmissible evidence.

The prosecutors, whose primary goal is to see that justice is served regardless of the costs, urged Judge Walton to prevent Clemens' defense team from presenting arguments that might encourage jurors to nullify the law and find Clemens not guilty.

During the short first trial, Clemens' lawyers asked jurors to imagine that they were in Clemens' position. They maintained that the government was wasting money on prosecuting Clemens, stating that more than 100 investigators were used by the government and that millions of dollars had been spent on the case.

Clemens' defense also explained the possible penalties that could be imposed if Clemens were found guilty.

“In this case, evidence, comment and argument concerning punishment are improper because the potential penalty faced by defendant is irrelevant to the jury’s determination of guilt or innocence,” the prosecutors said.

Prosecutors fear that if the defense makes a Bobby Donnell-like case, some of the jurors (only one is needed to create reasonable doubt) might feel that the government is victimizing Clemens.

Is the the government spending so much money wisely? Even if Clemens violated baseball's drug policy, are the potential consequences fair? Many members of Congress have lied to Congress and many have been given only probation or even less.

While the Mexican drug wars threaten the safety of Americans and an individual must present a picture ID and sign a log book to purchase a cold remedy that has been used for decades, the government is going after an American icon because he made statements to Congress that they don't believe.

Roger Clemens could have rolled over the way some others suspected of using performance enhancing substances have, but the point is that in Clemens' case, there is only suspicion.

If he is found guilty, it will not be for steroid use. It will be for perjury. He will not have been found guilty of using performance enhancing substances.  It is a fine line because unless the jury is convinced that he did use steroids, he must be found not guilty.