Senator Edwards on the price of a haircut," Mellon's note states. "But it
inspired me -- from now on, all haircuts, etc., that are necessary and
important for his campaign -- please send the bills to me. ... It is a way to
help our friend without government restrictions."
That, Harbach contended, showed motive for Mellon, a philanthropist who
had already given the maximum campaign contributions for that year in addition
to providing about $6 million to issue-oriented organizations tied to Edwards.
But Mellon, just three months shy of her 102nd birthday, was not called
as a witness, and others who testified about her motives stated she had a "bit
of a crush" on Edwards and thought of him as a friend first and a man she
would have supported in any of his endeavors.
Harbach said the statements of former speechwriter Wendy Button, staffer
John Davis and Jennifer Palmieri, a former spokeswoman and friend of Elizabeth
Edwards, bolstered their contentions that Edwards knew Baron had provided
flights, hotel rooms and money to hide Hunter.
Button testified that Edwards told her in the summer of 2009 that he
"knew all along" that Baron was helping. Button conceded under
cross-examination that Edwards did not state precisely what he meant by that
during that emotional telephone call.
Davis testified he was on a private plane with Edwards and Baron, close
enough for their knees to touch, when he heard the Texas billionaire boast
"the media was never going to be able to find Rielle because he was keeping
her moving." Davis said he told Baron, who had a reputation as being a bit of
a gossip, to stop talking about it.
But Lowell has contended that Baron, a trial lawyer of much renown, knew
what constituted illegal contributions and was careful to direct money to the
proper accounts either for the candidate's campaign or the issue-related
organizations linked to Edwards.
Teasing truth out of lies
Prosecutors and defense attorneys plan to use the complicated testimony
of Young to support their contentions.
Prosecutors want jurors to believe that the 46-year-old Young -- who
falsely claimed paternity, a former aide described by staffers as "sketchy"
and not an integral part of the 2008 campaign -- has offered a story line that
matches with other evidence.
Defense attorneys contend that Young, if taken at his word, testified
that Edwards told him on at least two occasions that he had checked with
campaign lawyers and what they were doing was legal, speaking to whether there
was criminal intent.
But Harbach stated Edwards had lied before, and he used the 2008 ABC
interview as evidence that could lead a reasonable juror to believe the
defendant had lied again when making such a statement to Young.
Eagles, a former Guilford County Superior Court judge who was appointed
to the federal bench by Obama in 2010, told the lawyers on Friday she had
heard sufficient evidence over the weeks of testimony to put the case to a
jury when the time comes.
Eagles, a 53-year-old Tennessee native, has presided over the trial in
folksy style, her long, wavy hair pulled up in a loose bun atop her head,
large hoop earrings dangling, and glasses that she slips down her nose when
something is either perplexing or troubling her.
"You're squinting at me," Lowell told Eagles on Friday after trying to
persuade her to throw out the case and acquit Edwards.
"That just means I'm thinking," she said with the same pluck and spunk
evident when she tells the lawyers to slow their speech or move on with a
point.
On Monday, the jury will be back, and the defense team is expected to
bring in a former Federal Election Commission chairman who stated shortly
after Edwards was indicted that he thought the prosecution's theory in this
case was "far reaching." Edwards' lawyers have said that the case should have
been a matter for the FEC to consider, not the courts.
Prosecutors, who called only one witness to speak specifically about
campaign finance reports, have objected to the defense's efforts to classify
Thomas as an expert witness, who then would be able to offer his opinion to
the jury.
That could be the next prickly ruling for the judge, deciding whether
there has been enough testimony in the prosecution's case about campaign
finance law to allow an expert witness to offer his thoughts on the case.
Will we hear Edwards?
Legal analysts familiar with the trial have offered a mix of views on
whether Edwards should and would take the stand. The jury, a collegial group
that offers hearty greetings to the judge each morning, has heard him in his
own words from four years ago in the videotaped TV interview and voicemail
messages saved by Young.
Taking the stand would open him to cross-examination by prosecutors who
have described him as so overly ambitious and selfish that he would stop at
nothing to achieve his goals. But it also would provide the successful trial
lawyer an opportunity to expose the jury to the man he is today. Greensboro
lawyer Allison Van Laningham, the only woman on his defense team, contended in
her opening statement that Edwards had "committed many sins, but no crime."
Once all has been said and done, and a jury has decided the fate of the
former U.S. senator and presidential candidate, the verdict is not likely to
be the last word on the Edwards case.
Throughout the trial, there has been much testimony about book, movie and
play deals.
Young testified that there had been talks about adapting "The Politician"
for film or theater.
Button, a writer and prolific note taker, has written a book that builds
on her experience trying to help Edwards craft a statement to acknowledge
paternity of the daughter born to him and Hunter.
There could be others, too.
It remains to be seen what the next chapter is in the story of John
Edwards, a man who grew up in a Moore County mill town, became a legal star in
Raleigh, made a big splash on the national political stage, then got sucked
into the churning waters of a scandal that has him fighting for his freedom.
No matter the verdict or any celebratory smiles afterward, the trial has
made clear that for Edwards and others involved there can be no real winning
here after so much has been lost.
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News Column
John Edwards' Trial Proves Salacious, But Lawyers See No 'Smoking Gun'
Page 4 of 4
Source: (c)2012 The News & Observer (Raleigh, N.C.)
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