Clemens Prosecutors Ask Judge to Keep Pettitte Testimony
By Tom Schoenberg -May 9, 2012 9:56 AM ET
Prosecutors in the perjury case against Roger Clemens, the ex-New York Yankees pitcher accused of lying to Congress, asked a judge to allow jurors to consider testimony from Andy Pettitte about his former teammate’s purported use of human growth hormone.
Assistant U.S. Attorney Steven Durham, in a filing today in federal court in Washington, said Pettitte’s inconsistent testimony during cross-examination by Clemens’s lawyers should not disqualify his statements from being considered by the jury.
“This jury must be permitted – if it desires – to fully credit Mr. Pettitte’s direct-examination testimony and discount any cross-examination inconsistencies,” Durham said.
Clemens asked U.S. District Judge Reggie Walton to throw out some of Pettitte’s testimony because it “is not definitive enough to qualify to be an admissible statement.”
Under questioning May 2, Pettitte said it was possible he misunderstood Clemens in a conversation about use of HGH during a workout more than a decade ago. Pettitte agreed under cross- examination that there was a 50 percent chance he didn’t understand what Clemens had told him.
“The court should not allow the jury to consider an alleged ‘admission’ that has all the weight of a coin flip,” Clemens’s lawyers said in a May 7 filing.
Clemens, 49, is charged with one count of obstructing a congressional investigation, three counts of making false statements and two counts of perjury. He faces as long as 21 months in prison if convicted.
The case is U.S. v. Clemens, 10-cr-00223, U.S. District Court, District of Columbia(Washington).
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