Less than two months ago, U.S. District Court Judge Reggie
Walton declared a mistrial in the Roger Clemens case after the
prosecutors played an inadmissible video clip to the jury.
Judge Walton said the experienced prosecutors made a mistake that a
"first-year law student" would not make. Judge
Walton will determine whether Roger Clemens may be prosecuted
again or whether he is protected by the 5th Amendment's
"Double Jeopardy Clause." Clemens would be tried on the
same criminal charges (perjury and obstruction of justice) and
"jeopardy" had attached when the jury was impaneled and
sworn in.
Generally, when a mistrial is granted in response to a
defendant's motion, any double jeopardy claims are waived.
However, the standard for double jeopardy, following a mistrial
granted as a result of a prosecutor's conduct is whether the
actions were intended to provoke the defendant into asking for a
mistrial. Oregon v. Kennedy, 456 U.S. 667
(1982). Basically, did the
