In it, but not of it. TPM DC

Coleman Camp Gets Caught Not Sharing Evidence With Franken Side, Coaching Witness

When they came back, Lillehaug moved that Howell's entire testimony be struck. "The prejudice to contestee is that we are in the middle of a trial," Lillehaug said. "And it's clear that counsel for the contestant have had this document, have failed to disclose it, and in the middle of testimony we learn about it."

Friedberg responded: "The issue of prejudice is ridiculous. Any accomplished trial lawyer could cross-examine off this page with five minutes of preparation."

Lillehaug then asked Howell if she'd brought a print-out of her notes with her today. She said no. He then asked if she had a copy with her.

"Not anymore" she replied.

It turned out that during the break, while Lillehaug was looking at the document for the very first time, Friedberg approached her and showed her his copy.

Lillehaug then said this was yet another reason to strike her testimony -- she was coached during the recess.

The judges asked for Howell to leave the witness stand but to stay in the court building, until they rule on this, and for Friedberg to call his next witness.