In baseball terms, the first Roger Clemens trial was a rainout in the top of the first inning.
Not because it actually rained, but because one of the teams turned on the sprinkler and left it running.
Only two witnesses had been called last July when US Judge Reggie Walton declared a mistrial, famously declaring that prosecutors had made a gaffe that even a “first-year law student’’ wouldn’t make.
It’s been a nine-month wait for the makeup date.
The case of United States vs. William R. Clemens was set to return to court today with the start of jury selection in the second attempt by the government to prove that the seven-time Cy Young Award winning former Yankees pitcher lied when he denied, in an appearance before Congress in 2008, using steroids and human growth hormone.
To help make sure there’s not another misstep, the Justice Department now has five lawyers on the prosecution team, up from two at the first trial.
“They bulked up their team,’’ said Washington lawyer Stan Brand, who represented Major League Baseball in connection with a 2005 congressional investigation into the sport’s steroids policies. “They’re going belt-to-suspenders so they don’t make any mistakes.’’
The trial is expected to last four weeks to six weeks, and the basics remain the same.
The government’s key witness is Clemens’ former strength trainer, Brian McNamee, who says he injected the pitcher with performance-enhancing substances and held on to some used needles that will be entered as scientific evidence. Clemens will be doing what he can to clear his name from allegations that the backside of his remarkable 24-year, 354-win career was the product of something more than an intense fitness regimen.
The wait for the retrial has renewed debate over whether it should be taking place at all.
Any verdict would be irrelevant for those who say Clemens has already been convicted in the court of public opinion.
Clemens’ statistics normally would be more than enough to put him in the Hall of Fame on the first ballot, but he’ll be far from a shoo-in when he becomes eligible next year.
The prosecution has to be wary of the perception that the government has more important things to do than pursue a costly case centered on a baseball player’s truthfulness.
Clemens faces the possibility of time behind bars if he is convicted. US sentencing guidelines suggest he would receive up to 15 to 21 months in prison if found guilty on all six counts. The maximum sentence is 30 years and a $1.5 million fine.
The government needs a victory after expensive, high-profile setbacks involving doping allegations against sports stars Barry Bonds and Lance Armstrong.