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WASHINGTON-- Roger Clemens won t be getting back the money he spent on his first perjury trial, the one that ended in a mistrial.

U.S. District Judge Reggie Walton on Tuesday denied the former pitcher s request for fees and other costs associated with the trial that ended abruptly last July when prosecutors showed jurors a snippet of videotaped evidence that had been previously ruled inadmissible.

Walton said last fall that it doesn t seem fair for Clemens to pay for the government s mistake, but the judge s ruling found that the law doesn t allow for such compensation because it wasn t shown that the prosecutors deliberately introduced the barred evidence.

Clemens was charged with lying to Congress when he denied using performance-enhancing drugs. He was retried this year and found not guilty on all counts.

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