From the thousands of properly rejected absentee ballots that Republican Norm Coleman wanted re-reviewed for inclusion in the vote tally, it looks like an estimated 1,500 will be re-reviewed. While this may give Coleman a glimmer of hope, he shouldn't get too excited. While these 1,500 or so may be re-reviewed, they still contain significant problems that could likely lead to many/most of them being re-tossed out.
Meanwhile, though it looked like the Coleman camp caught a break regarding certain testimony, they may have shot themselves in the foot by continuing to withhold evidence and information. Bear with me because this may be confusing - translating Coleman hijinks often is. The Coleman camp's evidence-free theory that some votes were double counted rests largely on the testimony of Minneapolis poll worker Pamela Howell. Howell's testimony was thrown out earlier this week when it was revealed that she had a series of e-mail correspondences with the Coleman camp that was not disclosed to the legal team for Senator-elect Al Franken. However, the three-judge panel gave Coleman a break when they allowed Howell's testimony back in after deeming the Coleman lawyers' wrongdoing to be an honest mistake.
Well, an honest mistake it wasn't. Howell was put back on the stand, her testimony now counting; and, in the Franken camp's re-cross examination of the already-questionable witness, it comes out that there was further correspondence that was not disclosed! The Coleman lawyers are very clearly trying to sneak as much as they can under the radar of the three-judge panel and the Franken legal team. It's simply ridiculous. The Franken legal team responded that the witness' testimony should be re-tossed along with the entire notion of double-counting of ballots:
Lillehaug demanded that not only should Howell's testimony be re-stricken, but that Coleman's entire claim about double-counting be tossed.
"And it is clear from contestants strategy in this regard that Ms. Howell was their star witness on the issue of original and duplicate ballots," Lillehaug said. "They picked out one election judge from one precinct -- she's the only election judge they're presenting on this claim - and then yesterday documents were offered and admitted into evidence based on that precinct and nine other precincts. It is clear that her testimony was the linchpin for the Coleman original and duplicate ballots claim."
Lillehaug said they should not have to go back to the drawing board to figure out how to cross-examine her, and thus her testimony must be struck, and with it the entire double-counting claim for all precincts.
Like I've said before, Norm Coleman's credibility is down to zero. It would seem that Coleman's lawyers are doing all they can to remind the three-judge panel of this. A decision on the Franken motion of re-striking Howell's testimony may come on Monday.
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