No second chances
No. Roger Clemens essentially was charged with failing to play by the rules.
The justice system cannot work properly if people do not tell the truth, and Clemens was alleged to have lied — at great risk, because the government would not have prosecuted him for illegal use of steroids but would prosecute for perjury.
However, the government has to play by the rules too. It is difficult to believe the prosecutors intentionally defied a judge's order, but they nonetheless failed to play by the rules.
Clemens did not get the chance to clear his name, but the government should not get a second chance to send him to prison.
Prosecution blew it
It's beyond me to argue whether double jeopardy applies in the Roger Clemens case, but the prosecution was wholly responsible for the mistake that resulted in Thursday's declaration of a mistrial.
Intentional or not, the showing of testimony that U.S. District Judge Reggie Walton had ruled inadmissible was a foolish mistake. The government sabotaged its case, so why should its incompetence be rewarded with another chance at prosecuting Clemens?
To allow the prosecution to essentially take a mulligan is to descend a slippery slope. How many do-overs does a side get to fix its colossal screw-up?
The answer should be none.