This article was last updated on May 21, 2022
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The seemingly never-ending perjury trial of Roger Clemens continues as the defense continues putting on its case. The length of the trial has surprised some observers and is now starting to worry the judge overseeing the spectacle.
U.S. District Judge Reggie B. Walton recently said that he’s concerned about the schedule for the remaining days of the trial. He’s afraid that due to some pressing deadlines the jurors may feel rushed to come to a decision, something he feels is not in the best interest of justice.
The trial has now entered its eighth week and after looking ahead, Judge Walton is worried about timing. The judge’s own preexisting travel plans mean that the trial will recess for two days this week, further slowing things down. After that one of the jurors has to leave for a six-month training program in German only the 19th of June. If the juror is excused, the final alternate would be added to the panel – a cyclist avid exerciser who said during jury selection that he knows people who have used steroids. Clemens’ lawyers are vehemently opposed to his addition and have asked that Judge Walton keep the German-bound man on the panel.
Given the time needed for the defense to finish presenting its side and proper time for the jury to deliberate things could get tight. The defense hopes to rest by the end of this week, but that remains to be seen. Judge Walton noted that jury deliberations in John Edwards’ case lasted for eight or nine days saying, “If that happens here we’re in trouble.”
Something else worrying the judge is the lack of wiggle room in the jury box. Two jurors have thus far been dismissed for sleeping during trial and another was excused after her mother died, leaving only one (the cyclist) of the original four alternate jurors. Judge Walton has expressed his concern that another juror may be dozing off during crucial periods of testimony.
Beyond scheduling issues the judge has grown testy in recent days with defense attorneys, a shift from earlier trouble with prosecutors. On Wednesday he lashed out at defense attorney Michael Attanasio for not being forthcoming to the prosecution about the line of questioning he was planning to use with the defense’s DNA expert.
Later that day he and Clemens’ chief attorney, Rusty Hardin, got into a nasty tangle after debating the scope of Eileen McNamee’s testimony. “I don’t know how you all practice law down in Texas…” snapped Walton. Hardin responded in kind, telling the judge it was “Same as anywhere else.” Unwilling to back down Judge Walton responded by saying “Just as you can get mad, I can get mad, too! Don’t look at me like you’re going to intimidate me, sir!”
Cooler heads ultimately prevailed as both Walton and Hardin apologized to one another for the spat.
Click HERE to read more from Lee Davis
Read: “Roger Clemens trial issues could make jurors feel rushed, judge fears,” by Ann Marimow, published at WashingtonPost.com.
Earlier:
The Roger Clemens Trial: The defense begins
The Roger Clemens Case: Update on Andy Pettitte’s Damaging Testimony
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