Prosecutors want another shot at Clemens trial

By Nedra Pickler

Associated Press

Published: Saturday, Aug. 20 2011 1:55 a.m. MDT

WASHINGTON — Prosecutors pursuing a perjury conviction against baseball star Roger Clemens are acknowledging they made a critical mistake that doomed their high-profile trial.

And they want another chance.

The prosecutors filed arguments Friday disputing Clemens' position that a second trial would violate his constitutional protection against double jeopardy by making him face the same charges twice. The filing is their first public admission of fault in the mistrial and first explanation of what went wrong.

The prosecutors wrote it was their duty to make sure that evidence was not included in their exhibits, but they failed to do so because they were preoccupied with jury selection, opening arguments and other trial matters.

Clemens is accused of lying under oath when he told a congressional committee that he never used performance-enhancing drugs.

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