Durham also prosecuted baseball player Miguel Tejada, who pleaded guilty to a misdemeanor of misleading congressional investigators who questioned him about steroids. Just two days into Clemens' first trial, Durham played a video from Clemens' 2008 congressional testimony that contained a statement the judge had previously ruled inadmissible, resulting in a mistrial.
When Clemens and his attorneys attempted to have the charges thrown out, claiming the mistrial was deliberate, Durham responded with an emotional attempt to convince the judge it was an inadvertent mistake and he would never purposely violate his orders. The judge sided with prosecution on the matter. There has been no change in the prosecution team despite the error.
