Roger Clemens - the former UT-Austin, Boston Red Sox and New York Yankee star, is requesting a judge get rid of his indictment on charges of lying to Congress to prevent him from being tried twice.
Clemens' trial ended two weeks ago in a mistrial of on the second day of testimony. Clemens says a new trial would be a violation of his constitutional right of facing the same charge twice. He is accused of lying about using performance-enhancing drugs to a House Committee.
Clemens' lawyers say the prosecutors' discovery that a teammate told his wife that Clemens admitted to using drugs "was no accident." His lawyers say that the prosecutors disregarded the judge's order against using her testimony to create a mistrial because their case wasn't going well.