The seven time Cy Young award winning pitcher could not be assured a fair trial according to US District Judge Reggie Walton after the jury were shown evidence against his orders.
Lawyer's began playing a video from the Rocket's 2008 Congress testimony showing the jury, Rep. Elijah Cummings, D-Md referring to former teammate and close friend Andy Pettitte's conversation with his wife. One of the chief pieces of evidence against Clemens is Pettitte's
testimony that Clemens told him in 1999 or 2000 that he used human growth hormone.
Clemens claims Pettitte misheard him.
But Judge Walton was angered by the video, having made it clear during pretrial motions that he did not want to Clemens to be found guilty by association.
He had already scolded prosecutor's during opening statements when assistant U.S. attorney Steven Durham said that Pettitte and two other of Clemens' New York teammates, Chuck Knoblauch and Mike Stanton, had used human growth hormone.
Prosecutors suggested the problem could be fixed with an instruction to the jury to disregard the evidence, but Walton seemed skeptical.
"I don't see how I un-ring the bell," he said.
It is unclear now, what the future holds for Clemens who is accused of lying during a 2008 appearance before Congress when he said he never used performance-enhancing drugs during his 24-season career in the major leagues.
Judge Walton scheduled a Sept. 2 hearing to determine whether to hold a new trial.
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