Posted: February 26, 2009
Minnesota contest court vacates yesterday’s order striking testimony, will allow witness to finish testifying
The Minnesota contest court yesterday ordered the testimony of election judge Pamela Howell stricken from the record after it was revealed that Coleman’s attorneys had failed to share with Franken’s team a document that she had provided to them. The witness also viewed the document during a break in her cross examination. The document contained Ms. Howell’s typed notes about possible double-counting on election day. This morning, the contest court vacated its order finding that Coleman’s legal team, in failing to disclose the document, had acted inadvertently and without bad faith and that Franken would not be “substantially prejudiced” by the inclusion of this testimony. The court noted that Coleman’s side has repeatedly failed to meet its disclosure duty but, apparently, the judges are reluctant to exclude testimony because of such failures. See our case page here.