“Given the state of libel law, whenever a public figure gets to face a jury, it is a victory.” -Jonathan Lubell

Yesterday afternoon, I learned that the jury had acquitted him of one count, but that the jury was deadlocked (unable to reach a unanimous decision) on the other counts in the case. A mistrial was declared, and this means that everyone gets to come back and conduct the trial all over again for another jury. This is better than a guilty verdict, but there is a downside for John Edwards, the not-so-gentlemanly southerner: He will be retried on the remaining counts.

What’s worse than this downside?

The prosecution knows what his defense is. It has seen each nuance and detail of that defense (keep in mind that prosecutors have to reveal a good portion of their case through written reports before trial but that there is no obligation on the defense to do the same).

In short, with a retrial the element of surprise is gone. Edwards and the prosecution are on very equal ground. He will lose all the elements of surprise in his defense. If Edwards and his defense team start introducing a lot of new evidence or testimony inconsistent with that in the last trial, the prosecution will produce transcripts from the last trial…and then the prosecution will impeach (or show the inconsistency) in the new testimony.

Teflon John Edwards and his lawyers are about to crawl into the fire after having just left the frying pan.

Shaun Kaufman Law specializes in criminal defense, personal injury and business litigation.

Call 24/7: 303-720-7275

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