In it, but not of it. TPM DC
A statement from Franken lawyer Marc Elias, provided to TPMDC, seemed to acknowledge that his own side is doing the same thing -- but that's only so they can compete with Coleman: "As I'm sure you're aware by now from multiple independent analyses, the other side offered the court a heavily cherry-picked list of pro-Coleman votes. What we've done in our counterclaim is restore a balance of equality to the universe."
For what it's worth, after watching this whole trial I don't personally see any problem with a campaign engaging in cherry-picking, as long as the judges are refereeing the process in an unbiased manner. If anything, the campaigns have a responsibility to do it. The problem here is the tendency of one side to be less than honest about what's going on, and to turn around and lob moralistic accusations at the other.