WASHINGTON -- There's a new issue in the Roger Clemens trial over what the jury will hear from the exchange before Congress that caused a mistrial last year.
But this time the defense wants to show a portion of that exchange between Clemens and Rep. Elijah Cummings, D-Md. In a filing Friday, the government pointed out a section to the judge "that could be viewed as commentary from Congressman Cummings."
Under questioning from Cummings, Clemens denied he told then-teammate Andy Pettitte that he had taken human growth hormone. The section flagged by the government includes Cummings asking, "Mr. Clemens, do you think Mr. Pettitte was lying when he told the committee that you admitted using human growth hormones?"
In a response filed on Friday night, Clemens' lawyers indicated they would not use the entire exchange between Cummings and Clemens.
Ironically, it was the prosecutor's decision to show jurors another portion of that exchange last year -- when Cummings referred to Pettitte telling his wife that Clemens confessed to using a drug -- that caused the mistrial.