Mark O'Mara will begin getting discovery tomorrow in the George Zimmerman case. The media and public are unlikely to get it right away. O'Mara has said he will file for a motion to seal some of it, particularly the information with witness names, and the State's Attorney agrees with him and has said her office won't make it publicly available on Monday.

It will include crime scene photos, Trayvon's autopsy, Zimmerman's five statements to authorities, witness statements, and crime lab work — if it's been completed — on clothing and Zimmerman's handgun.

I'm not sure what is sealable about the autopsy report or lab tests, but I don't blame O'Mara for wanting time to review it before it's publicly released.

Our older Zimmerman threads are full, so here's a place to discuss the anticipated discovery and legal issues. (Note: You may not use this site to link to petitions and argue for restrictions on stand your ground laws. I oppose such restrictions and do not support more gun control laws. Keep your comments to the law's application to the Zimmerman case or other past or pending cases.) [More..]

NBC's Today Show has a new video on whether John Edwards should testify at trial. It includes interviews with two legal analysts who opine that John Edwards should testify. One even said "It's up to John Edwards to look the jury in the eye and convince them he did not violate the campaign finance laws."

That's absolutely not the law. That the analyst obviously knows this is not the law and may just be making the point that in his view, as a practical matter, jurors will expect Edwards to convince them of his innocence, does not excuse his perpetuating such a false notion. It's really an irresponsible comment.

John Edwards does not have to convince this jury of a single thing. He has zero burden of proof. The burden of proof is completely on the Government. It is the Government that bears the burden of proving each and every element of each crime charged beyond a reasonable doubt.

I can think of no good reason for John Edwards to take the stand and I predict he won't. [More...]

John Edwards will begin presenting his defense Monday. The Court has published the list of witnesses for the day, in no particular order. They include:

• Scott Thomas (Former FEC Commissioner and proposed expert witness)
• Lora Haggard: One of his campaign's finance officers from Georgia and Treasurer for the Center for Promise and Opportunity Foundation (to which Bunny Mellon contributed millions before even met Rielle Hunter).
• Tim Reilly
• Scott McLean: Builder of Andrew Young's House
  Harrison Hickman: Friend and Adviser to Edwards, a pollster from MD
• Robert Lester
• Wade Smith: Edwards' lawyer who had discussions with Mellon's lawyer Alexander Forger

Where is Rielle Hunter these days? Out and about with daughter Frances Quinn.[More...]

The Judge in the John Edwards trial heard two hours of argument today on the defense motion for judgment of acquittal and denied the motion.

She ruled there was enough evidence to let the case be decided by the jury. She did express reservations about whether the Government had proved venue in Middle District of North Carolina.

If the defense chooses to present witnesses, it will do so beginning Monday. As I wrote last night, the Government is now seeking a jury instruction on "Sympathy" which leads me to believe it is concerned the defense will present at least one witness whose testimony might evoke sympathy for John Edwards. I can't think of anyone other than Cate Edwards who might fit in that category.

CNN Legal Analyst Mark NeJame steps up his role as investigative journalist in the George Zimmerman case. Last night on Piers Morgan's show, he revealed the above photo of Zimmerman's multi-racial family, including his black great-grandfather and Peruvian grandmother and mother.

He received the photo from the Zimmerman family.(Background here.)

Mark's comments: He may have been skeptical at first but this photo changed his mind. He does not think Zimmerman was motivated by race in what whatever encounter he had with Trayvon Martin on Feb. 26.

This thread is devoted to all things Zimmerman-related.

Right before the Government rested today, it was allowed to play the entire 2008 interview John Edwards gave to 20/20, in which he acknowledged having a brief affair with Rielle Hunter that had ended a long time ago, and in which he said Elizabeth knew all about it. Also in the interview, Edwards said:

"I have never asked anybody to pay a dime of money. Never been told that any money has been paid. Nothing has been done at my request."

Even if all three of those statements were a lie, John Edwards would be not guilty if the funds provided by Baron and Mellon were not "campaign contributions" as defined by the federal campaign finance statutes. [More..]

The Government will rest its case against John Edwards today. According to the Charlotte Observer, the final three witnesses will be law enforcement officers. According to another account, one of the final witnesses will be Leo H. Hindery, Jr., a Democratic power player and former cable magnate who became the Edwards campaign's senior economic policy advisor in June, 2007. Hindery switched his support to Obama after Edwards dropped out,

What would he testify to? Possibly that Edwards' was interested in being Attorney General if Obama won the election. From Game Change by John Heilemann and Mark Halperin (Saint Elizabeth and the Ego Monster): [More...]

Update: The Government won't call Rielle Hunter at all. It will rest tomorrow.

The judge in the John Edwards trial read today's list of witnesses in court this morning. There are six, not including speechwriter Wendy Button who resumed testifying this morning. Rielle Hunter was not on the list. The Government has said it expects to wrap up its case tomorrow.

The Government could, of course, call Hunter tomorrow -- even close its case with her . There would be a certain symmetry to that -- opening with Andrew Young and closing with Rielle Hunter.

I think it's too dangerous for the Government. I gave my theories here which I think are still valid. [More...]

Former Edwards campaign supporter and contributor Tim Toben was back on the stand today in the John Edwards trial. Most of the media reports I've seen don't mention the close friendship between Toben and Andrew Young.

From the acknowledgement section (page xii)of Andrew Young's book, The Politician:

To Tim Toben, I love you brother. And I love Megan and your family like my own.

Young described Toben as "the one Chapel Hill friend who still spoke to me." (p. 261.) [More...]

Bunny Mellon's lawyer, Alexander Forger, put some serious dents in the Government's case today.

"She liked him as an individual, as a person. It wasn't because he was running for president," he testified. "If he wanted to be president of Duke University, she would have supported that...."One of her basic values is loyalty as a friend," he continued.

[More...]

At the end of court Friday, the Government said it expected to wrap its case up by next Thursday. It provided the names of the next six witnesses it would call, and Rielle Hunter wasn't one of them.

Alexander Forger, Bunny Mellon's lawyer, will be back on the stand Monday morning, to face cross-examination by Team Edwards.

Why would the Government not call Rielle Hunter? First, even though she has immunity from prosecution, she seems to be helping Edwards. Two of Edwards lawyers at trial represented her in the civil suit against Andrew Young. She filed a waiver of conflict of interest, saying she had no objection to them representing Edwards. The Government may think it has a better shot with her if they can cross-examine her as a witness when John Edwards puts her on. I'm not convinced John Edwards will call her either. Would you want her affecting the jury that decided your case? [More...}

After Alex Forger, Bunny Mellon's lawyer finishes ross-examination, the next witness may be Nick Baldick. He was a grand jury witness who was told he was not a target.

Baldick,put Andrew Young on the payroll of private companies under his control after Edwards directed Andrew Young be removed from working on the campaign. It was at this time Andrew's duties changed to babysitting Hunter while they tried to hide out from the media. [More...]