Monday, February 12, 2007
With the prosecution resting in the I. Lewis "Scooter" Libby trial, the defense now has to decide what, if anything, it wishes to present. TalkLeft has linked the motions of this weekend, here and here , that speak to the government's desire to keep certain evidence from the jury. The evidence would be coming from Andrea Mitchell and the issue to a large extent relates to the reliability of the testimony, a key component of hearsay. But the real question for the next week is whether Libby will testify. If the case is strong it is likely that the defense will rest without his testimony. But, on the other hand, despite being told that an accused does not have testify, jurors want to hear what the witness has to say, and defense counsel often factors that into their decision. Stay tuned.