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Roger Clemens testified before Congress and stated that he had never used steroids or human growth hormone (HGH). A former teammate and a trainer both testified that Clemens did use steroids and HGH. Clemens was charged with perjury, making false statements, and illegal use of steroids and HGH.
At trial, the teammate testified that Clemens told him he used HGH. On cross-examination, the teammate stated that he was 50-50 as to whether his memory of that conversation was correct. Given that he was only 50-50 as to his memory of that conversation, did the judge err by letting him testify? Why/Why not? Why do you think the judge let him testify? Fully explain your responses.
The trainer, who was nervous on the stand, testified that he had given Clemens injections of banned drugs. The defense attacked the trainer's credibility by admitting into evidence his two prior DUIs and a prior bad act in which he had used his wife's name to buy painkillers online without prescriptions. Was the judge correct in allowing this information into evidence? Why/why not?
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