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Roger Clemens asks for case to be dismissed

Judge Declares Mistrial In Clemens Federal Perjury Case

WASHINGTON, DC - JULY 14: Former Major League Baseball pitcher Roger Clemens (L) leaves the U.S. District Court after the judge declared a mistrial, on July 14, 2011 in Washington, DC. The judge presiding over Clemens’ perjury trial declared a mistrial over statements introduced to the jury by the prosecutor that were not suppose to be heard. The seven-time Cy Young Award winner was on trial for making false statements, perjury and obstructing Congress when he testified about steroid use during a February 2008 inquiry by the House Oversight and Government Affairs. (Photo by Mark Wilson/Getty Images)

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Asking the judge to punish prosecutors for their “egregious error,” Roger Clemens on Friday requested in Washington federal court that his perjury case be dismissed.

Clemens is accused of lying under oath when he told congressional investigators he never used performance-enhancing drugs.

Prosecutors, whose original case ended in a mistrial last month, said they made a simple mistake in showing jurors inadmissible evidence and should be given another chance to convict him. They stated last week that their case remains strong and Clemens wants to “gain an unwarranted windfall from this inadvertent error.”

A decision whether or not to dismiss could come next week.