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Clemens seeks dismissal of charges

By Bill Mears, CNN
  • Clemens attorney files motion with a federal judge
  • Clemens is accused of lying to Congress
  • A September decision is expected

Washington (CNN) -- The lawyer for former baseball player Roger Clemens asked a federal judge Friday to dismiss all charges and block any retrial of his client, who is accused of lying to Congress over alleged use of performance-enhancing drugs.

A mistrial was declared July 14, just days after the jury trial had begun.

Attorney Russell "Rusty" Hardin in a filing told U.S. District Court Judge Reggie Walton: "The law is many things in this nation but most of all it is about fairness. The government had its day in court and squandered it with misconduct that irretrievably wasted time, money, and the opportunity for a one-time, fair resolution of these charges for all involved." Hardin says his client would face double jeopardy if retried.

The government is scheduled to formally respond by August 19. The judge will decide in early September how the felony perjury case will proceed.