WASHINGTON - The Roger Clemens perjury retrial resumed Monday with a debate over evidence before moving to the final phase of seating a jury.
Last week, the jury pool was narrowed to 36, from which the 12 jurors and four alternates are to be picked Monday. Opening statements will follow.
Clemens arrived in court with his wife, Debbie, who had not been allowed to attend his first trial during jury selection because she was to be a witness in her husband's defence.
Wearing a pinstriped suit, white shirt and silver-striped tie, the seven-time Cy Young award winner took notes as his lawyers, the prosecutors and judge debated what evidence could be introduced.
The legendary pitcher is accused of lying to the U.S. Congress in 2008, when the former Toronto Blue Jays star testified he never took steroids or human growth hormone.
On Monday, U.S. District Judge Reggie Walton considered whether the defence can challenge the legitimacy of the congressional hearings. He said if that happened, "it opens up the door to a lot of information that would not otherwise come into evidence" from the government, including other players who admitted using performance-enhancing drugs.
He said he didn't want to force the government to fight with "one hand behind their back."
Hardin said it was premature for Walton to rule until Hardin raised questions about the hearings. Hardin also said he wasn't challenging the legitimacy of the hearings, only their focus on Clemens' drug use, which he called a "show trial." Walton deferred a ruling on the matter.
Walton hopes to get to the first witness in the case Tuesday.
