Opposing lawyers in the John Edwards trial wrangled Friday over whether to allow into evidence a sex tape of the former presidential candidate and allegations of an extramarital affair involving an ex-aide who is the prosecution's chief witness.
Prosecutors objected when a defense lawyer for Edwards asked former aide and confidante Andrew Young whether he had threatened to release a "private video" to expose Edwards' affair with Rielle Hunter.
U.S. District Court Judge Catherine C. Eagles instructed Edwards lawyer Abbe Lowell to proceed with his cross-examination of Young without mentioning the tape, saying she would rule whether it was admissible later Friday.
Hunter sued Young in state court two years ago over ownership of the sex tape and other personal items in Young's possession. That civil suit was settled earlier this year with an agreement to destroy all copies of the tape, though there are suggestions in court documents that federal investigators may still have a copy.
Defense attorneys had no intention of showing the tape to the jury, but wanted to mention it in the context of the allegation that Young threatened Edwards.
Young was on the verge of tears again while describing how his relationship to Edwards changed from devotion to saving evidence against him.
"For several years working for Mr. and Mrs. Edwards was a true privilege. It was inspiring and exciting. ?. And that I was going to be part of something good," he said.
Young's voice broke and he became emotional as he continued, saying, "The things that happened since then were in direct contradiction to the man I knew back then and it's very hard for me to put those two men together."
Earlier today, Judge Catherine Eagles rejected a bid by Hunter's legal team to sharply restrict what the court and the public can hear about the sex tape she and Edwards made together.
Eagles said a decision could be reached later on testimony surrounding the tape The judge had earlier ruled that the video itself is inadmissible and will not be introduced during the trial.
Hunter, who was a videographer on Edwards' failed bid for the presidency in 2007, is expected to testify later in the trial.
Edwards is on trial for allegedly illegally using more than $900,000 in campaign donations to hide Hunter and her pregnancy. If convicted of the charge Edwards could be sentenced to as much as 30 years in prison.
His defense, however, says the money was used to hide the affair from Edwards' wife and was not related to his presidential campaign.
The defense has also depicted Young as a greedy liar who used the scandal for his own financial profit.
In today's testimony, Young conceded that he included as affair-related expenses trips with his family to Disneyland, Legoland, skiing in Aspen, and a trip to Mexico.
He also admitted spending $200,000 of the money to put in a pool at his home and wire it for audio.
In addition, Lowell got Young to estimate that he was paid a couple hundred thousand dollars for a book about Edwards and Hunter and that he sold the rights for a movie for another couple hundred thousand dollars.
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