LEGAL INTELLIGENCER: …”The evidence just has to be relevant and for it to be relevant it has to be probative which means it would have to tend to prove a fact,” said white-collar defense attorney Ellen C. Brotman of Griesing Law. “If AG Kane’s lawyers can make a connection between the porn investigation and witness bias, then they can get those emails in. If these emails become sort of a sideshow or irrelevant, the jury can see through that.”…
And [Former OAG prosecutor Frank] Fina may be too good a witness for the prosecution to ignore, viewing a fight over the emails to be a battle worth waging. The defense attorney who did not want to be named said Fina is very smart and articulate and has a good memory.
“There are ways to get around sort of the shock value of the emails … the individual emails wouldn’t have to come in at all … they can just stipulate that the emails contained porn,” Brotman said.
