Less than 24 hours after Clemens' Indictment, We Need to Clear Up the Legal Nonsense
Well, its been less then a day since former New York Yankee and Boston Red Sox star pitcher, Roger Clemens, was indicted on 15 different counts of perjury, obstructing the Congress of the United States and interfering with a Congressional investigation and already Clemens' defense team is putting out a lot of questionable information (an some usual nonsense). So let's do a little legal housekeeping.
First, although every criminal defense attorney says it (and the Clemens team is no exception), an indictment is not "meaningless" and not "proof of nothing." A felony indictment is proof that a grand jury found "reasonable cause" to believe that a crime was committed and Clemens is the one who did it. While this is not the "proof beyond a reasonable doubt" needed for a conviction, it is all the proof required to bring Clemens to trial. An indictment is not "meaningless" because it becomes the "charging instrument" to which Clemens must enter a plea of guilty or not guilty.
Second, Clemens' lawyers are suggesting that this prosecution is on something of a "witch hunt" or saga against their client. Whether Clemens is guilty or not will not be decided for a long time, but make no mistake, the Democratic AND Republican Congressman who heard Clemens' testimony and his former trainer, Brian McNamee's testimony believed Clemens had lied. In a era when the political parties can't agree on the day of the week, the Congressional request for the US Attorney to investigate Clemens for perjury came for BOTH parties.
Lastly, Clemens is tweeting about his innocence. In my opinion, this is beyond reckless and shows that Clemens is out of control. The government is collecting everything he is writing and will try to use any mistake he may make against him.
Roger, this is what you have lawyers for, stop tweeting, facebooking and talking and start getting ready for the fight of your life.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.
I think the Grand Jury only hears the prosecutors side of the case, and there is no defense presented - Correct?
This is the Martha Stewart et al type charge. How many times over the years has it been that there are no charges that can ever be proven, but the defendant is nailed for lying to the investigators (FBI or Congress). These people let their ego rule when they should have a good lawyer and take the 5th!
Well, almost, a defendant can testify in the grand jury. It is a bizarre process because his lawyers cannot speak or object. But the DA can cross examine the defendant after he makes his statement.