Clemens accuses prosecutors of provoking mistrial

July 29, 2011 9:48:30 AM PDT
Former baseball star Roger Clemens is asking a judge to throw out his indictment on charges of lying to Congress and prevent him from being tried a second time. Two weeks ago Clemens' trial abruptly ended in a mistrial on the second day of testimony. Clemens argues a new trial would violate his constitutional right against the double jeopardy of facing the same charge twice. His lawyers say the prosecutors' revelation that a teammate told his wife that Clemens confessed to using a drug "was no accident." They say the prosecutors chose to ignore Judge Reggie Walton's order against using her testimony to provoke a mistrial because their case was going badly.

Clemens is accused of lying when he testified to a House committee that he never used performance-enhancing drugs.