Strike up another loss for Team Kelly today, in the midst of a week that doesn't appear to be going so well.
Defense lawyer Sam Adam, Sr. argued valiantly that the jury should be prohibited from viewing the sex tape within the deliberation room, but it was an argument Judge Vincent Gaughan struck down with sizable force.
"They have every right to see it," Adam, Sr. said in an early morning proceeding. "What we object to is the jury taking the tape back and screening it in the jury room."
Adam, Sr. suggested if jurors wished for another look at what's now known as "People's Exhibit Number One," they do it in open court.
Why the argument?
Adam, Sr. cited the wide-ranging and sometimes far-afield potential problems that could pop up with private screening.
1) the tape could somehow break
2) a negligent juror could erase its salacious sexual content
3) a savvy juror could tamper with it, and somehow alter the appearance of the players involved
What it really boils down to, however, is overemphasis.
Sam Adam, Sr. doesn't want jurors playing it and replaying it- seeing if they can see that mole for themselves.
"People's Exhibit One is the actual nucleus of the case," prosecutor Shauna Boliker argued.
Judge Gaughan wasted no time.
"It will go back to the jury room," Gaughan informed a disappointed Adam, Sr.
He then appointed a sheriff's deputy to handle what Gaughan called "the mechanical and electrical operation" of the V.C.R.
Will the private screening be a blow to Team Kelly?
