Judge: Defense misled court about Libby

[Kadie]

Judge: Defense misled court about Libby
By MATT APUZZO, Associated Press Writer
4 minutes ago


WASHINGTON - Defense attorneys misled the court into thinking that former White House aide I. Lewis "Scooter" Libby would testify in his CIA leak trial, a federal judge said Wednesday, as he blocked Libby from using some classified evidence in the case.

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Special Prosecutor Patrick Fitzgerald agreed to tell jurors about the terrorist threats, war planning and other secret issues that Libby faced at the time. The prosecutor said that he agreed to do this on the condition that he could cross-examine Libby at some point on just how seriously he considered these threats.

When defense attorneys abruptly announced Wednesday that Libby no longer planned to testify, however, Fitzgerald said that jurors hearing the case therefore should not be given a prewritten statement about Libby's briefings.

U.S. District Judge Reggie Walton agreed, and reversed an earlier ruling that the evidence could be admitted.

"My absolute understanding was that Mr. Libby was going to testify," the judge said. "My ruling was based on the fact that he was going to testify."

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"If that's what the Supreme Court is going to say (in any ruling on an appeal), they might as well say the government's not entitled to a fair trial and the defendant is," Walton said. "I think both sides are entitled to a fair trial. If I get reversed on that, maybe I need to hang up my spurs."


more...
http://news.yahoo.com/s/ap/20070214/ap_on_go_pr_wh/cia_leak_trial_46