DOJ Strikes Out at Second Roger Clemens Trial

[Photo of Roger Clemens from wikipedia]

It appears that, following the not guilty verdict in the John Edwards trial, the Department of Justice has struck out yet again in another high profile criminal trial. This time, it is the Roger Clemens trial. 

Today, various news reports indicate that Clemens, the former professional baseball pitcher, has been found not guilty on all counts by a federal jury in Washington.  As you will recall, Clemens was charged with allegedly lying to Congress in 2008 about his alleged lack of steroid use while a pitcher. You may also recall that an earlier trial of Clemens, last year, ended in a mistrial, after government prosecutors offered inadmissible testimony.

Now, following two trials, and following the expenditure of millions in taxpayers' dollars, another high profile defendant has been acquitted.  As a former federal prosecutor, and, currently, as an Augusta, Georgia criminal defense lawyer, I don't know exactly where the government went wrong, but it surely is a shame to see such a waste of scarce tax dollars on criminal cases which probably should never have been brought in the first place! Don't you agree?

A Smug Mug Shot: The John Edwards Federal Case

[Photo from yahoo news]

Who is this man?  How can he actually smile for a mug shot?  What does John Edwards know that you and I don't know about his federal criminal case?  Here is my take!

As you may know, I am a former federal prosecutor, for over 20 years, here in the Southern District of Georgia.  Presently, I practice as a criminal defense lawyer in Augusta, Georgia with my oldest son.  I have tried some of the largest, most complex criminal cases in Georgia history.

As you may also know, fromer Senator John Edwards faces federal criminal charges in connection with his alleged use of presidential campaign funds to help conceal his relationship with his girl friend, Rielle Hunter, (and mother of his love child). 

I had predicted that Edwards would be indicted, but I never would have predicted the federal indictment would take so long to occur.  Nor would I have guessed that Edwards would flash his famous smile during his mug shots!

So, why might Edwards be smiling?  What does Edwards know that others don't know?

Here's my next prediction!  I predict that John Edwards stands a good chance of being acquitted by a federal jury on his alleged campaign violations.  Here is why:

As I have indicated before, in my experience, as a criminal lawyer, any time a criminal defendant can admit the act, but deny the intent, (or mens rea), he or she stands a decent chance at an acquittal.  That is generally the best defense in many criminal cases, in my opinion.  Also, in this case, the government appears to have, at best, a technical reporting kind of case.  In other words, no matter how you might feel about Edwards' infidelity while his poor wife was dying, in this criminal case, he is not charged with adultery.  He is primarily charged only with technical campaign reporting violations. 

In addition, a sound argument might be presented, in his trial defense, that the funds utilized (to help his girl friend), were not campaign donations at all.  Instead, it appears that the funds were merely a gift from a wealthy, elderly friend.  Finally, as another reason for my prediction here, I don't discount the fact that Edwards is a charmer--after all, he is a former successful trial lawyer and politician! 

So, no wonder John Edwards is smiling in his mug shot!  Whether you like it or not, he might be acquitted!  It will be interesting to see if he is still smiling, down the road, when the jury announces its verdict!  What do you think?