Week 2, Day 6 of SCO v. Novell Trial – The Mistrial Motion, Updated

“Chris Brown attended the jury trial today for us in SCO v.
Novell, and he has the details about the mistrial motion, the
denial of the motion to allow evidence, and there was testimony
today from Kim Madsen and Darl McBride and a deposition played of
Steven Sabbath. The mistrial was related to the denial of Novell’s
motion to allow evidence. The judge said what SCO told the jury was
inappropriate, and he merely warned SCO not to go “close to the
line again.” I’m sure SCO will mend its ways immediately.

“Chris’s report, Part 1:

“Part 1: Denial of Novell’s Motion to Allow Evidence, Witness
Testimony of Kimberly Madsen

“First discussed this morning, before the jury was brought in,
was Novell’s motion to allow evidence relating to SCO’s statements
during opening that Novell continues to slander SCO’s title to this
day. Judge Stewart denied the motion saying that the court believes
SCO’s statements made during opening were unwise and inappropriate,
but do not open the door to allowing the other court’s statements
to be admitted. He believes it would be confusing to the jury to
educate them on the factual history of the case. He admonished SCO
to be careful not to come “close to the line” again.

“Novell’s Mr. Sterling Brennen then moved for a mistrial for the
reasons outlined in their motion, and SCO’s Stuart Singer requested
the motion be denied. Judge Steward denied the motion.”

Complete
Story