Mistrial?

March 13, 2009

Looks like David Lane and Judge Naves are fighting about what Derrick Bell can say on the stand. From the Daily Camera.

Preeminent civil rights scholar Derrick Bell, who taught law at Harvard University and fought for diversification of faculty on university campuses, will testify before the jury shortly.

Right now, Bell, is answering questions without the jury present. The dry run was called for because Churchill lawyer David Lane and Denver District Judge Larry Naves disagreed on what type of responses from Bell would be admissible in court.

Bell, 78, is currently a visiting professor at New York University School of Law.

The judge and Lane are arguing over whether Bell can testify about whether he thinks the University of Colorado overreached in its decision to fire Churchill for what Lane called “minor transgressions.”

Naves said soliciting such information from Bell would be tantamount to rendering a legal opinion on the case rather than a factual opinion and ruled it inappropriate.

Lane immediately entered a motion for a mistrial, which the judge denied.

Lane is now counseling Bell on his upcoming testimony and the jury will be brought in shortly.

Update: Bell is testifying, but he is not allowed to testify about normal penalties for minor offenses such as Churchill’s; only about critical race theory.

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