Coleman Camp Gets Caught Not Sharing Evidence With Franken Side, Coaching Witness

[stevedeshazer]

http://tpmdc.talkingpointsmemo.com/2009/02/coleman-camp-gets-caught-not-sharing-evidence-with-franken-side-coaching-witness.php

Norm Coleman's lawyers just had a very awkward moment in court, in their attempt to prove that absentee ballots were double-counted -- it turns out they've failed to share evidence with the Franken camp, involving a key witness.

The Coleman camp called Pamela Howell, a Republican election worker in Minneapolis, who said she heard another election judge exclaim that they had forgotten to properly label duplicates of absentee ballots that had been too damaged for the machines to count. She also said she did not recall whether they had made a note of this in the precinct incident logs.

Franken lawyer David Lillehaug then got up, setting out to impugn Howell as an unreliable, partisan witness. She admitted that she called up Coleman's legal team during the recount, informing them of the problem. Lillehaug then asked her if she'd spoken to the lawyers before her testimony today. "Not today," she said. He then asked if she ever spoke to them about her testimony. Yes, she did.

It was then revealed that several weeks ago she made notes on her computer, taking down the information she would need to know for her testimony. She gave a copy to the Coleman side -- and the Franken camp had never received it.

more at link

[BlooInBloo]

1. And the judges struck the testimony. After all these "errors", you gotta wonder...

If they'll ever be on the hook for "jurisprudential fraud", or whatever the legal term for it is.

[Sanity Claws]

12. Discovery abuses

I think judges will be very skeptical of these attorneys in the future and may require them to pay sanctions for the abuse. However, I can't imagine a judge entering judgment for Franken because of the numerous Coleman abuses, due to the nature of the case. More is at stake than just the parties before the court; the people's right to elect their representatives is at stake.

[BlooInBloo]

13. Doesn't mean that after they lose fair n square, some sort of sanctions couldn't be exacted....

Unless that would be construed as some sort of a chilling effect. But I guess that question would simply come down to one of *proof*.

[Sanity Claws]

16. The judges could do something after the case is over.

I don't know Minnesota procedure so I can give some general ideas. I don't know whether Coleman's attorney had to certify that all discovery had been completed, including documents and witnesses disclosed. If this attorney acted in violation of this certification, the judge could consider this very serious and make a referral to the bar association. The judge could also order sanctions, payable to the court or Franken.
As for chilling effect, the judges want to chill discovery abuses. That is as much of a concern as chilling zealous advocacy.

[BlooInBloo]

19. Heh. Good points.Guess that's why you're a lawyer, and I'm not.

:P

[ThomWV]

17. I believe that if he loses Coleman will also be liable for Franken's legal expenses.

Not sure on this but I think that is how it goes.

[Deja Q]

2. If he doesn't bow out now it'll only solidly prove what a jerk he truly is.

Though he already did that by saying "No need to recount, people made their choice, waste of money" despite it being a state LAW to do so (oops #1). Votes get recounted (I read they were counted twice, correct me if I'm wrong). Both sides but especially Coleman's finds more and more excuses to spend more money even though all the recounts and everything else did more to help his challenger...

Wasn't there some flak surrounding Coleman earlier, re: some shifty legal entanglements in all these proceedings?

And now this.

Hoo boy.

[myrna minx]

3. Coleman is completely destroying himself here in Minnesota.

It's time to GO Normie.

[WI_DEM]

7. If there were a special election to decide this (I don't think there needs to be)

I think one on one Al would handily beat Norm, especially due to his conduct during the recount.

[myrna minx]

10. I agree with you. Coleman has made our very solid and respectable election

process into a sideshow act, all for his own pathetic benefit. It's outrageous.

[dflprincess]

4. I wonder why she didn't go public with this during the recount

when the issue of double counted ballots first came up. Or, for that matter, why not report it to the Secretary of State's office when it happened?

Coleman should sue his attorneys, they keep coming up with witnesses that look like idiots or crooks.

[pacalo]

5. She saved the file of her computer notes under "testimony" -- hmmm.

[no_hypocrisy]

6. Republicans have a bad enough name w/o his help.

[struggle4progress]

8. Minnesota Judges Strike Key Coleman Witness, After Failure To Share Evidence

By Eric Kleefeld - February 25, 2009, 4:57PM

The Minnesota election court just laid down some serious punishment against Norm Coleman's legal team, granting Team Franken's motion to strike the testimony of a key witness involved in Coleman's claim that absentee ballots had been double-counted ...

"The court will issue a written order with further explanation," said Judge Elizabeth Hayden. That further explanation should be interesting to read.

Just a little while before they made their decision, the judges conducted a short Q & A with Coleman lawyer Tony Trimble, asking him why he'd failed to share evidence and why this shouldn't disqualify the witness ...

One other thing: Before they went into the chambers, the judges had to ask for a copy of the document, so that they too could review it for the first time. Ouch.

http://tpmdc.talkingpointsmemo.com/2009/02/minnesota-judges-strike-key-coleman-witness-after-failure-to-share-evidence.php

[Supersedeas]

14. same ole bottom of the barrel Repig slime

[ColbertWatcher]

9. Damn! When will this show be over with!? n/t

[tom_paine]

11. Isn't this close to purjury or some other kind of criminal misconduct?

Even if it's just a misdemeanor, the only way to make these Kinder and Gentler Nazis stop is for them to face the legal consequences of their crimes.

Deterrance.

[Life Long Dem]

15. Where is the media when you want them?

Why is this being dragged on and on?

Who are the court judges?

I could have counted every ballot by myself in the whole state by now.

How many times have they counted the same ballot?

[CitizenPatriot]

18. I am haunted by a smallish election in 2000

in which a full vote count was deemed unnecessary and the supreme court decided to appoint a winner.

but I get why the Minnesota senate race should drag on for months, while the Presidential election should be shut down amid a suspicious-smelling pile of uncounted and discarded votes...after all, the Presidential race is hardly as important.

Let's not forget when the shoe was on the other foot, the Republicans SAT their guy (California race for house, I think) even though the count was too close to call. They didn't give a SHIT about counting the votes then.

[rateyes]

20. Thanks, Steve.

:hi: :kick: and rec.

[rateyes]

21. I would have loved to have been a fly on the wall in the judge's chambers...

when they were discussing this with Coleman's lawyers. I'll bet you anything that Ginsburg now has at least 2 extra assholes.

[MasonJar]

22. Why are they still discussing votes? They agreed on the ones to count

and Franken won. Seat him now.