In the world of "star justice," Roger Clemens’ trial for lying to Congress started out looking like "must see TV." It quickly fell apart and the court declared a mistrial based on the failure of the prosecutors to play by the rules. Only six days into the trial, and on only the second day of testimony, prosecutors apparently defied a court order and presented prejudicial hearsay testimony the judge had already barred from trial. The judge specifically found that the government’s conduct had placed the case in a posture where Clemens could not get a fair trial from the seated jury. But could he get a fair trial from another jury? Will the government get a second chance to convict the baseball superstar?

Clemens’ defense lawyers have filed a motion to dismiss the indictment, claiming that Roger cannot get a fair retrial based on the government’s conduct. The motion is 32 pages long and provides some great reading. Others have written about this in far greater detail than I can here, but the general principle to take away from the motion is this – you have a right to a fair trial in every criminal matter. A fair trial may include hard evidence, prejudicial witnesses and physical evidence that strikes a hard blow. Judges preside over criminal case to insure that the blows will be within the bounds of the law and that the parties will play by the rules. When prosecutors do not play by the rules, the court must step in and use its power to insure a fair trial. 

In the Clemens case, the prosecutors permitted hearsay statements made by Clemens’ ex-wife to be played to the jury despite a prior court ruling that prohibited them from doing so. The prosecution team had put together the video clips and transcript that were shown the jury – so even if they did not intend to violate the court’s order, they had a duty to insure that the order was complied with. In other words, after spending millions of taxpayer dollars to prepare for trial, somebody should have reviewed that video and transcript to make certain they did not violate the judge’s order.

After all – this million dollar fiasco is all about personal accountability, isn’t it? 

So now we await the government’s response to the motion. We will follow-up on this as it develops.

 

Continue Reading Roger Clemens Attorneys File Motion To Dismiss Indictment – Can He Get A Fair Trial?

Earlier today I was waiting for that jury to return.  

They’re back…

John Tiemann had been through three weeks of trial on two felony charges of vehicular manslaughter.  The State said he was guilty of causing the deaths of Tom and Mary Woychick while driving while under the influence of drugs –  diphenhydramine (Benedryl) and phenytoin (Dilantin). Each of those charges carried 15 years in prison if he was convicted, or a possible 30 years. As an alternative the State argued he was grossly negligent by driving that morning since John knew that he was blind in one eye and had limited peripheral vision in the other. Those charges could have carried 20 years. Of course the State had given John a license to drive knowing he was disabled – and John had driven without any real problem for 20 years.  His medical problems precipitating that blindness were related to the removal of brain tumors in 1988.

The jury found John Tiemann not guilty of the felony counts.

It found that John had been negligent as he drove that morning – and ruled that he was guilty of two misdemeanor counts of vehicular manslaughter. John faces a potential year in jail for each count.

So was that a "win" asked the Idaho Statesman reporter.  

Let’s see, the state charges you with two felonies that will subject you to up to 30 years in prison, spends three weeks in trial and argues that you committed two felonies.  I guess you have to decide what constitutes a win. 

I said in trial there could not really be any winner. That is true – the Woychicks were wonderful community leaders. They left behind terrific family members who undoubtedly continue to suffer a tragic loss. Nothing that would have happened in that court room could bring back Tom and Mary Woychick, but I understand the family wanted to feel that justice had been served. I remain terribly sorry for their loss.

John will be sentenced in July, and there remains much to do to prepare for that sentencing date, but for today I am relieved he will not face a potential prison sentence. 

 

Continue Reading Tiemann – Not Guilty of Felony Vehicular Manslaughter

 After three weeks, I am finally out of trial. Well, out in the sense that I am waiting on a jury verdict. Waiting is a killer for everyone in this situation, and I don’t write about cases while they are being tried. So more about that case soon, but this morning I read a little blurb about Boise soldier Andrew

Continue Reading Boise Soldier’s Article 32 Hearing – think probable cause

 Reputed Boston mobster Enrico Ponzo is leaving Idaho in the custody of the United States Marshal’s Service, headed to Beantown to face charges arising out of his life before Marsing. United States Magistrate Judge Ron Bush refused Ponzo’s request to remain free and appear voluntarily at his next hearing, finding that he had been too successful at hiding his true

Continue Reading Enrico Ponzo Headed To Boston – So How Important Is A Changed Life?

 KTVB news reported last night that all felony charges filed against five former Blackfoot high school football players have been dismissed, leaving only misdemeanor charges of battery. A few weeks ago the allegations gained international news status, and were discussed openly by national news programs and radio call in shows. Generally, the stories made it sound as if the school

Continue Reading Blackfoot Sex Charges Dismissed – Lessons In Discernment

 There is this practice in Idaho of allowing County prosecutors to handle City cases on a contract basis. So small town hires County PA to prosecute misdemeanor cases, rather than have their own City prosecutor or some private law firm that functions as the City’s lawyer. County Prosecutors have been doing this across the state forever, and it likely works

Continue Reading Canyon County Prosecutor Owes $280,000 To County – How Did This Happen?

 I decided that I should direct you to an article in today’s Idaho Statesman in which Sara Weaver reports that she has forgiven federal agents who shot and killed her mother and brother on Ruby Ridge. I was lucky enough to represent Randy Weaver with Gerry Spence and Garry Gilman when he was charged with the murder of Deputy US

Continue Reading Sara Weaver News From Statesman – “Forgiveness”

 Laura Silsby is still sitting in a Haitian jail while a judge decides whether to order a trial on charges that she tried to take children from Haiti to the Dominican Republic who she believed were either orphaned or abandoned. The new charge is "arranging irregular travel." You will recall that she and other Idaho missionaries were in Haiti, ostensibly

Continue Reading While Laura Silsby Sits In Jail – Children Are Sold As Slaves In Haiti

 I have had some comments (some not so supportive) and calls (a few agreed) about my last post on Haiti. I know I am off topic here, but take a look at the Associated Press report today about the dismal failings of the government in Haiti to handle the job of providing support to its people. After seizing control of

Continue Reading “They stole the rice!” How the Haitian Government keeps Misdirecting the World’s Attention