WASHINGTON — A federal judge ruled Roger Clemens must face another trial on charges of lying about drug use, although the judge criticized prosecutors' mishandling of evidence during a July mistrial and questioned the fairness of making the former star pitcher pay to defend himself twice.
U.S. District Judge Reggie Walton set a new trial for April 17. Clemens attorney Rusty Hardin said he may appeal Walton's decision. Walton said if Clemens wants to do that, he must request an expedited review by the appeals court to avoid more delays in the case.
Walton said although he's concerned about the prosecution's violation of his orders by showing jurors inadmissible evidence, current law does not allow him to throw out the indictment. He said the Supreme Court has set a high bar: Clemens needed to convince him that prosecutors intentionally goaded the ex-pitcher into requesting a mistrial. Walton said his review of case law found no defendant who has been able to meet that requirement.
Another Clemens' attorney, Michael Attanasio, pointed out that although Clemens made a lot of money, he is 47 and needs to support his family for the rest of his life. He said Clemens shouldn't have to pay for another trial. Walton agreed that "it doesn't seem fair" and questioned whether prosecutors should pick up the tab for the first trial because of their errors.
He said he didn't know if he has the authority to order such a payment, but he would consider it if Clemens wants to make a motion for payment.
Zambrano done for year: RHP Carlos Zambrano will sit out the rest of the season after his 30-day suspension ends after games of Sept. 11, the Cubs said. The team will pay him after the suspension ends, but it said there's insufficient time for him to get ready to pitch again. Zambrano cleaned out his locker and talked about retiring after giving up five homers and being ejected during a loss to Atlanta on Aug. 12. The Cubs placed Zambrano on the disqualified list the next day and said he would receive no pay and have no part in team activities for 30 days.
Yankees stars sit: 3B Alex Rodriguez (sprained left thumb) and 1B Mark Teixeira (stiff right knee) were not in the Yankees' starting lineup against the Blue Jays. A-Rod could return this weekend, and Teixeira by Sunday.
Braves: SS Julio Lugo was released, and rookie RHP Randall Delgado was named as Sunday's fill-in starter for Jair Jurrjens (bone bruise on right knee) against the Dodgers. INF Jack Wilson, acquired from Seattle on Wednesday, will move into Lugo's utility infielder role.
Marlins: Manager Jack McKeon said he has made a decision about his future beyond this season but hasn't talked with the organization about whether he will return in 2012 at age 81. The team is expected to hire a new manager for next season. McKeon said if he doesn't return as manager, he would like to remain with the franchise in some capacity.
Orioles: 2B Brian Roberts, out since mid May with concussion symptoms, has been working out in Sarasota and visited the team in St. Petersburg. Although there is no timetable for his return, Roberts said he has been assured by doctors that his career is not in jeopardy.
HOJO joins son: Former Mets slugger and Clearwater High star Howard Johnson, 50, and his son Glen, 23, will play together in a pair of minor-league games. The Rockland Boulders of Pomona, N.Y., in the independent Can-Am League signed the pair for a homestand Sunday and Monday against the Newark Bears.