Judges Show Coleman Mercy, Reverse Ruling To Strike Key Witness

By Eric Kleefeld - February 26, 2009, 11:16AM

The Minnesota election court just decided to cut Norm Coleman a serious break, reversing their decision yesterday to strike the testimony of a key witness in Coleman's attempt to prove double-counting of votes, after the Coleman camp failed to share evidence with the Franken side.

The court's memorandum explains why they took this severe step to begin with -- Coleman's repeated failures in the past to fully share evidence in a timely manner:

The Court recognizes that striking testimony is a severe sanction but notes that this trial has been underway for five weeks and that the parties have been repeatedly instructed of the need to supplement discovery responses. The Court believes this sanction was within its discretion in light of Contestants' repeated failures to adhere to their discovery obligations under the Minnesota Rules of Civil Procedure.

Read on...

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