Judge Won't Dismiss Clemens Case

Jose Luis Magana / AP Photo

Roger Clemens, right, and his attorney Rusty Hardin, arrive at federal court in Washington, Friday Sept. 2, 2011. Clemens was due in court to find out whether he'll face a second trial on charges that he lied about using performance-enhancing drugs.

Federal Judge Reggie Walton has rejected a bid by Roger Clemens's attorney to drop perjury charges, despite the fact that prosecutors showed banned evidence to the jury. Walton set another trial for April 17. Clemens's attorney claimed that prosecutors purposely prompted a mistrial by introducing a video of a conversation between Clemens's former teammate Andy Pettitte and his wife discussing Clemens's use of steroids. As the video was given to prosecutors by a congressional representative, Clemens's attorney said the government had launched a "win-at-all-costs" prosecution. Though Walton admitted he was not happy that prosecutors used banned evidence, he said current law did not allow him to dismiss the perjury indictment.