john edwards didn't testify.gure in this trial who actually took the stand was andrew young, who essentially served the bag man role. that's a very unusual situation where you have so many of the key flavors offstage. now, as for what the jury thinks about that, you know, there really is no way to know at this point, except that it's been eight days and there's no verdict. and every day that passes without a conviction is good for the defense. now, that could change if there is a conviction, but days passing, jury deadlocks are good for the defense. you can be sure that abbe lowell and company, the defense lawyer, are feeling better about today's developments than the prosecutors are, but this thing is not over. >> and real quick, jeff, does this fit into, this has gone shockingly long in terms of jury deliberation? or is it not surprising? >> no. i mean, this is certainly a long jury deliberation, but this is not unprecedented, even in north carolina. i was hearing about a less celebrated fraud case not too long

edwards has always said he didn't. one of the things the justice department has to consider when they decide to go for a retrial or not is, did we give it our best shot? is there something we have failed to do? everybody watching this trial didn't know. they put on their best case, so you have to ask yourself, having taken this good a shot, what's the reason to do it again? the only thing i was starting to say before edwards came out was i suppose one of the things the government has to consider is the flip side to the political question that you raised initially, and that is this is now a democratic administration, will it be criticized if it doesn't seek a retrial against a man who was a democratic candidate for president? but having said that, many of the critics of the original prosecution were republicans and conservatives who thought this was a misapplication of federal campaign finance law. so it's not a simple political calculus. >> let me get my hands on the other question. as we get the information from the j

so john edwards is not guilty.t's where we stand right now, looking for a little bit more color in the courtroom. the long and short of it, after a long trial, huge expense by the federal government, and now the ninth day of deliberation here in greensboro, north carolina, john edwards found not guilty on one count, the jury deadlocked on the other five charges. >> and joe, that count, count three, was illegal campaign contributions from bunny mellon in the year of 2008, because she'd also given him some contributions in 2007. >> reporter: that's right. >> so the does that tell us anything about the way this jury is thinking? because, of course, bunny mellon has not testified herself. >> reporter: well, as my understanding is that the jury has, the jury's been dismissed. so on these other counts, it seems very much as if they're deadlocked on it and the judge has decided they're not going to be able to reach a decision. of course, the question would be, whether the united states government would want to retry on th

carolina courtroom where former presidential candidate john edwards is on trial. today, one of elizabeth edwards' closest friends took the stand offering wrenching testimony about how this drama affected e-busine elizabeth edwards before he beth. >> reporter: the most emotional point of the day was when jennifer palmieri, a friend of edwards, described mrs. edwards last days before she died of cancer. fighting through tears, she testified that mrs. edwards wor weed when she died, there would no be a man around who loved her. she testified of private meetings about hunter. she said she was in a meeting with edwards and his wife and with a benefactor and his life, whoed a vited flying rielle hunter to los angeles to go shopping.

john edwards was too cute by an inch.ound it with the bunny money which is obviously okay. >> staying with money and politics is obviously just super pac transparency. obviously we have our opinions about public financing, about ach amending the constitution, about all these complex laws on the books, and i believe all merit significant debate, but while we await the expanded debate on money and politics, i'm still surprised at the audacity of both republican and democratic leadership to simply not concede. we're going to at least show you whose money it is. >> but i don't think any of that is going to happen unless we, the people, continue to put pressure on the politicians to make it happen, because it's not -- i mean, you know, it is sort of in their interest on a political level with a small p, but again, that's the way you impact change. one point i would make in the bigger scheme of things, pete's observation was really right on which was think about where we were when this case was initially brought forward and whe

edwards, in trial. and elizabeth edwards, didn't put anything in writing. >> kimberly: is that a problem? jury seized on that? there wasn't evidence or testimony. he had a right not to take the stand and take the fifth, edwards, but they weren't left with much to work with, as you said. >> brian: right. i'm fascinated by the fact he did mention quinn. i guess that is the baby. did not mention hunter. everything was clear, they are afraid of her. she is a loose cannon i'm curious to see what happens where she might appear. >> kimberly: what are your take-away, remarks, tenor and tone of what the future holds for john edwards? >> andrea: this is astounding. this is the first time we heard from edwards, it will be a year this summer. 2008 is when the affair broke. it's been a lot of time. we have heard from elizabeth edwards, we heard from hunter in a magazine. we haven't heard from him. this was his apology to the nation. but he at the crux of it, he did a very, very bad thing, but it wasn't an illegal th

with john edwards in the room. and acknowledged that he was putting up the money to move rielle around, to as he put it, keep your friends close and your enemies closer. he didn't want it made public that she was out there with his child and was his mistress while they were still trying to mount a presidential campaign. >> what did they need to prove here regarding the money and the use of it? i think by all accounts, as i pointed out to rihanna and we heard from the defense, there is no question there was an affair. there is a child and there was an attempt to cover this up so that elizabeth edwards would not have her heart broken by this being all dragged out here. at issue, whether this campaign money was used in a legal manner. >> that's it. the question was either, edwards illegally took the money to conceal his illicit affair, to maintain his presidential aspirations. that would be the prosecution theory. or it was private donations from friends that were trying to help him keep up his relationship from his w

edwards. >> john edwards facing six felony counts. if counseled guilty, he could potentially face up to 30 years in prison. the jury will have the case tomorrow with instructions from the judge. what will those instructions be? >> well, some of the instructions are pretty critical here. the key phrase that relates to the instructions has to do with trying figure out whether these payments that were made by the two edwards' donors were really campaign contributions. there's really no dispute that the two donors made these payments around $1 million or perhaps more to cover miss hunter, the mistress' expenses, ranging from sort of luxury travel to the rent of a home in california to even her ob/gyn bills for the child that she delivered who was a product of the affair with edwards. so there's no dispute that spending took place. the case really comes down to the question of whether that was a campaign contribution, and the judge is telling the jury or told the jury this afternoon that they have to decide if basically the main purpose, t

more on the edwards' trial.t could be the end of the game for all of the prosecution against this guy. johnny's come marching home again. so you brushed with colgate total and you didn't. let's compare. germ party! eww! now the colgate total mouth. nice! [ female announcer ] colgate total fights 90% more plaque germs. i'm in. [ female announcer ] colgate total. less germs. healthier mouth. mcallen, texas. in here, heavy rental equipment in the middle of nowhere, is always headed somewhere. to give it a sense of direction, at&t created a mobile asset solution to protect and track everything. so every piece of equipment knows where it is, how it's doing or where it goes next. ♪ this is the bell on the cat. [ male announcer ] it's a network of possibilities -- helping you do what you do... even better. ♪ like a ramen noodle- every-night budget. she thought allstate car insurance was out of her reach. until she heard about the value plan. see how much you could save with allstate. are you in good hands? [ clang ] my

a ffrmer aide testifiid that he voiced his concerns about edwards' pddnnt listen.hat edwards - listenafttr tte heavy and often combative testimony that marked the start of the trial, edwards aide josh brumberger brought the courtroom back to llfe. he was funny at times, reeounting his travels with edwards in 206 before he declared what would be his final run for he white house. with edwaads's mistress rielle hunter tagggng long shooting web videos of edwards -- including on this bad news to edwards, issuing sa- several warnings about hunter p.the first warning shortly after she walked up and at the regency hotel in new york. brumberger said he told edwards that mm hunter quote he researcced things she -- posted on the internet and said he found alll sex, drugs, rock n roll and astrology."later brumberger was surprissd toosee hunter with herrcamera --traveling with edwards and said he wasn't impressed..that he said and unprofessional "when -3 edwarrs told staff that huntee should getthealth insurance evv consultant bbumberger wrooe in an email, "the whole thing is know it"..but he wrot

some confusing legal developments in the john edwards trial.orrespondent lisa myers has been in north carolina for the duration of these proceedings. she joins us now. lisa, can you make sense of what has happened this afternoon? >> reporter: well, martin, i can tell you the latest. the judge has just announced that she is going to ask the jury to continue deliberations on the five counts on which they have been unable to reach unanimous verdict. they have not yet told us what their verdict is on the one count on which they have reached a conclusion. now, she said she is going to ask the jury to at least go in and keep talking for the afternoon. she didn't indicate whether she has asked them, will ask them to deliberate beyond that. she did say i want them to know, they are not prisoners and they have been conscientious. so i think there will be a limit to how much longer she asks them to go but for now she'll send them back to keep. one of the differentiations that the defense made between the two charges, the two counts involving money from h

>>> on the broadcast tonight, the verdict for john edwards. not guilty on one count, a mistrial on all the others. and dramatic words from a contrite but resilient edwards himself on the courthouse steps. >> war on sugar. a an attack on supersized beverages that have some people say get your han off my drink. >> road hazard. teenagers with attention deficit disorder getting behind the wheel. opportunity, a solution to make the ride a bit safer. >> and unveiling. a portrait of civility during the mean season of politics. a tradition that leads to some big laughs at the white house. "nightly news" begins now. >>> and good evening, everyone. i'm matt lauer. in for brian tonight. after a day of krurm confusion and drama, there's a verdict and a mistrial in the john edwards case. a trial about campaign finance corruption that included weeks of sensational testimony about his private life and his very public fall from grace. late this afternoon, following the vict, we heard from edwards himself for the first time right outside the courthouse. >> i w

the stakes for john edwards? >>arthur: life-or-death. really. because my understanding of what happened was the jury sent out a note that said we reached a verdict. so, i was giving the judge a hard time before, but, she may have been given this information by the jury itself. that all they said was we reached a verdict they come in and the first question a judge or clerk, depending on how the judge runs the courtroom, has the jury reached a unanimous verdict and then for the first time the judge hears, oh, no, we have a verdict on one thing but we don't know what we are doing on everything else, which, i will tell you, again, this just happened to me a couple of months ago, and the defendant would i was representing who was facing similar amounts of time in jail, prison, was the only time he lost his composure in two years and he said i don't care, take the verdict. i need to get this out of my life. take the verdict. take the verdict. of course, he her not guilty and was very happy about that. >>megyn: because he had you. >>arthur: the other w

caused by her husband, john edwards. >> kate edwards returned to the courtroom only a few minutes later and shed a few more tears when the witness, under questioning by the defense, testified that she saw john edwards attending to elizabeth in the final moments before she died. lisa myers, nbc news, greensboro, north carolina. >>> when we come back, the first pictures have emerged of a big city disaster on the water. >>> newly released video tonight showing the moment of impact when a barge smashed right over a disabled sight seeing duck boat in the delaware river in philadelphia back in july of 2010. two people died in the accident. the video was released on the eve of the trial in a wrongful death suit brought by the families of the deceased, both young tourists from hungary. the tug boat pilot guiding the barge was sentenced to a year in prison last november. >> earl rose has died. his role in history was as the local medical examiner in dallas the day of the jfk assassination. he insisted it was his duty to perform an autopsy before the president's body was flown back to washington.

john edwards. they will reup.ossibly question italy speak to a juror or two or ask what did we do wrong? what hole did we close? what dot did we connect and as sure as i am bald they will go back to the courtroom if a month or a couple of months and they will try again because this is such a defeat to them. they put everything, millions of dollars, the best prosecutors they have if that district, and they could not get one count of guilty. they will be re-tryied. >> one count. and i love you arthur but i disagree. why think they will double down. i think they will leave it alone. >>neil: we can all hang in there. there is the political fallout from all of this, too, john edwards' future what there is, many say there is nothing left to it, and is that really the case? g ] [ male announcer ] we began with the rx. ♪ then we turned the page, creating the rx hybrid. ♪ now we've turned the page again with the all-new rx f sport. ♪ . for lexus. this is the pursuit of perfection. when i got my medicare card, i realized i

>>> john edwards' trial. the jury rush -- returns a verdict on one of only six charges. >> what happens next. >> hi, everybody. i'm mary bubala. >> i'm kai jackson. here's what people are talking about. >> we have breaking news in the john edwards trial. a short time ago, the jury tells the judge they have consensus on only one charge, and they're dead-locked on the remaining five. manuel gallegus reports for wjz. the judge sternly tells the jury to keep trying. >> reporter: john edwards must wait a little longer to find out his fate. jurors in his campaign finance trial said they were deadlocked on five of the six counts against him. it was just after 2:00 p.m. when the jury sent word they had reached a verdict. but when the court convened, the jury said they had reached a unanimous decision only on count 3. that involves edwards receiving campaign funds illegally from heiress bunny millen. she had given him more than $700,000 during his 2008 presidential campaign. prosecutor says he used that money to hide

caused by her husband, john edwards. >> kate edwards returned to the courtroom only a few minutes later and shed a few more tears when the witness, under questioning by the defense, testified that she saw john edwards attending to elizabeth in the final moments before she died. lisa myers, nbc news, greensboro, north carolina. >>> when we come back, the first pictures have emerged of a big city disaster on the water. city disaster on the water. every day potentially harmful germs pictures have emerged of a big city disaster on the water. leading regular toothpastes are not designed to kill the bacteria that polident is designed to kill. polident's unique microclean formula has been proven to eliminate thousands of times more of the germs that can grow on dentures than leading regular toothpastes. that's why it's best to clean your denture by soaking in polident. not just once or twice a week, but every day. using polident on a daily basis will make sure that you are as confident as you can be in that denture. and these come together, one thing you can depend on is that these will come t

, which edwards denies. the defense still isn't saying whether john edwards will take the stand and risk a withering cross-examination. and edwards' lawyer says it's still possible that the woman at the center of the scandal, rielle hunter, could be called to testify. lisa myers, nbc news, greensboro, north carolina. >>> on the endless campaign trail today, the topic turned back toward the issue so many americans consistently say they care about the most. and that's the economy. our political director, chief white house correspondent, chuck todd with us from the white house tonight. chuck, good evening. >> good evening, brian. no matter who the president sits down with for interviews or where he does them, the subject always goes back to the one that will make or break his chances at re-election, the economy. even in a softer setting like "the view," it was a question on the economy that seemed to strike a cord. >> how do you grade yourself honestly in terms of how you've done in terms of economics? >> i won

he is a developer, former john edwards supporter, friend, and former john edwards aide andrew young. he told the court that he warned then senator president obama's campaign back in date -- 2008 about the affair and told an obama staffer "you have seen the fab lloyd reports and usually they get these wrong but in this case i don't think they did." >> of court, the prosecution says john edwards knew he was using campaign money to hide his affair from voters and his dying wife and john edwards' lawyers say he did not know of the cash and his aide, andrew young, spent the money on his dream home. if convicted john edwards faces up to 30 years in prison and $1.5 million in fines. and now, down to north carolina. what is the prosecution doing to try to prove john edwards did, indeed, know about the cash? >>jonathan: they have the former speech writer who helped john edwards come up with this draft of how he was going to admit his affair to the american public, she, just before a break, was describing how he apologized to staff. at that point, john edwards was visibly upset and during the

>> cate edwards seemed like in the realm of possibility, rielle hunter and john edwards were both much bigger gambles. edwards in particularly would have really transformed the case into a one-witness case. it would have risen and fallen on his credibility. and the defense made the calculation they would rather focus on the weakness in the prosecution's case, specifically andrew young, their star witness. they want to argue he's the one with the credibility problems, who can't be believed, who admitting lying and taking most of this cover up money. but i have to believe that the defense lawyers tonight are sweating it a little bit. here they are about to send this case to a jury, case they could have gotten a plea agreement on, but they turned down, took the gamble, hoping it would get dismissed before indictment, dismissed before the judge before trial, that didn't happen. now it's going to a jury, anything can happen. >> a veteran trial lawyer at the center of this, of course, decided to go to trial in the end. thanks as always. >>> there are new medical reports out tonight that seem

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steve centanni with more on edwards' downfall.ore tonight from washington. >> john edwards' journey to the courthouse steps today was one filled with ups and downs. it's been a long odyssey. he was born poor in 1953 in the town of robbins north carolina. his father a mill worker struggled to make ends meet and john struggled to make a mark for himself. eventually getting a law degree from the university of north carolina chapel hill in 1977. that's where met his wife elizabeth. they married that same year and went on to have four children. edwards made a fortune for himself as defense attorney earning $25 million for the family of one young girl severely injured by a faulty swimming pool drain cover. he earned a reputation as one of the best trial lawyers in north carolina. in 1996, john and elizabeth edwards' teenage son was killed in a car accident. two years later, edwards entered politics, spending $3 million of his own money to win the nomination and then defeating republic incumbent to become a u.s. senator. his first presid

edwards believed it important that mrs. clinton not be the nominee and said that would be a disaster, hindry said. he also said a few weeks later, shortly before rielle hunter gave birth, edwards was weighing whether to endorse obomb opor clinton in spite of his disdain for clinton and had him convey his message that edwards for his support would like to be attorney general and he said edwards also discussed with him an elaborate long-term goal which was to be a supreme court justice. >> it came across as john edwards was detached from reality. whether it was because of hubris or he was deluded can be debated. >> prosecutors played for the jury edwards' interview in 2008 in which he admitted the affair but lied about other things, including his own daughter. >> i know it's not possible that this child could be mine because of the timing of events. >> edwards stared at the video, sometimes closing his eyes. some analysts believe there's still a gaping hole in the government's case. and that it has not presented clear evidenc

edwards up as a running mate. just days later, hindery said he told the obama campaign if edwards couldn't be vice the qualifications and the ability to be attorney eneral. hindery said they also talked about a mmre ellboratee which was to become a supreme court ustice.as prosecutors &pgot in some of their last evidence they were payinn chartee flights and hotel bills aad other payments for edwards' mistress riellee hunter and her handlers, which had bben covered by edwards's bbnefactor fred baron especially during the eriod president and befooe he suspended his campaign in late january 2008. the government has a difficult job: to show that edwarrs nowingly and willingly acceptee llegall camppign contrrbutions withhut the benefit of he testimony &pof three key itnesses his benefactors bunny mellon nd wife elizabeth.ks: i think aaother problem the government has and they knew this efore they brought the case is unavailability offwitnesses, you have mrs. ellon, almost 102 years old unable to be passed away from canc

she hates edwards and blames him for trouble in her marriage. defense lawyer alan duncan. mr. edwards was like a third person in your marriage, and you had a great deal of anger. not about mr. edwards, while acknowledging she had to swallow a lot because of her husband's job. isn't if true you were trying to get john edwards, duncan asked? sir, that is a completely false statement, she shot back. i'm here to tell the truth about my experiences. there's no hatred. i can't live like that, sir. >> cheri young has been a steel magnolia, southern, slender physically, but unyielding in putting the blame for this entire episode squarely on the shoulders of john edwards. >> reporter: young's demeanor was in sharp contrast to yesterday's sometimes tearful testimony. then she recounted an important direct conversation with edwards about how to handle hundreds of thousands of dollars to take care of his mistress, rielle hunter, money prosecutors allege amounted to illegal campaign contributions. a charge edwards denies. has cheri young been a stronger witn

john edwards agreed. the prosecutors will say, right there, before the money even started flowing, he knew that she shouldn't be a part of someone who wants to become president. >> and they keep going back to the timeline. exactly when did elizabeth edwards know. and why is that important? >> prosecutors may argue there is a smoking gun in this case. they may say it's the timeline because this week, it came out that "the national enquirer" had this big article, october 2007, which talked about the love child, rielle hunter, there were pictures. and elizabeth had that emotional display at the airport. according to the indictment, the chex keep flowing. the money keeps coming in from the benefactors. you know when it ends sharyn? the indictment says it ends when the campaign was disbanded. prosecutors would say that's the smoking gun. >> that's a big day for the prosecution. two weeks in now. off the bat, john edwards was doing pretty well. but now, two weeks in, how is he doing? >> it's a six-week trial. i

he says edwards replied. i got ya, i appreciate it. he said edwards in a profanity tirade said, why didn't you come to me like a man and tell me to stop? that night, his relationship with edwards was open. cate edwards did return later and listen to a wrenching details about a fight with her father and mother. diane? >> okay, bob. thank you. and knew we turn from one family drama to another. late today, word of a mysterious death. word of a suicide by on powerful athlete on the football field. junior seau, dead with a gunshot wound to the chest. his mother in shock tonight. and his football colleagues asking if there is an example of the punishment the players take on the field. here is david wright. >> reporter: during a 20-year career, junior seau took countless, brutal hits. one of the best linebackers of his generation. but today, a grim footnote to that career. seau's girlfriend found him in a pool of blood in his san diego home, apparently in a gunshot to the chest. >> mr. seau is deceased. it's been investigated as a suicide. >>

davis said he stopped talking and that edwards said nothing. >> as damaging to edwards because it shows he knew what was going on. >> the government alleged that money spent by baron and another donor to hide hunter amounting to illegal campaign contributions, a charge edwards denies. lisa myers, nbc news, greensboro, north carolina. >>> and there was this today from the presidential campaign trail. mitt romney picked up the endorsement of yet another former rival. congresswoman michele bachmann. while she was still vying for the gop nomination herself, she called romney's massachusetts health care package, quote, a deal breaker for conservatives and said he couldn't beat president obama, but today, she threw her support behind romney as the party comes together, calling the choice in november between him and the president, quote, very easy. >>> up next, as we continue along the way, a surprising number of parents still stuck with the bill for their grown children in this economy. >>> also ahead, a lifeline for older americans trying to sell their homes in one of the toughest markets ev

edwards. at times emotional, lowell said for all his wrongs, edwards still can do good. please let this sad chapter end and stop with your verdict of not guilty. the jury begins deliberations tomorrow and will decide whether edwards gets to go on with his life or becomes a convicted felon. if found guilty, he could face up to 30 years in prison, brian. >> lisa myers, greensboro, north carolina, tonight. thanks. >>> in presidential politics, there was an explosive headline this morning. the "new york times" reporting that a republican super pac was considering an expensive anti-obama ad campaign that would have put the issue of race front and center in the campaign and linked the president to some of the more controversial statements by his former pastor, jeremiah wright. tonight, republicans including mitt romney are trying to distance themselves from that strategy. but as nbc's peter alexander reports, it's the latest evidence of the potential power of big money this year in politics. >> campaigning today in florida, mitt romney tried to distance himself from a super pa

and so was his relationship with john edwards. diane, later, cate edwards did return later and listened to wrenching details about a fight between her mother and father. he said he tried to keep a secret to the protect his wife, not his campaign for president. diane? >> okay, bob. thank you. >>> and we turn from one family drama to another. late today, word of a mysterious death. an apparent suicide of a powerful athlete from the football field. nfl's junior seau, 43 years old, dead with a gunshot wound to the chest. his mother in shock tonight. and his football colleagues are asking if there is an example of the punishment the players take on the field. here is abc's david wright. >> reporter: during a 20-year career, junior seau took countless, brutal hits. one of the best linebackers of his generation. but today, a grim footnote to that hall of fame career. seau's girlfriend found him in a pool of blood in his san diego home, apparently shot in the chest. >> mr. seau is deceased. this case at this point is being investigated as

paternity of edwards' baby. young, who wrote a book about the edwards affair was granted immunity by the government for his testimony. as he left the courthouse it tonight, edwards expressed hope for his future. >> i don't think god's through with me. i really believe he thinks there's still some good things i can do. >> reporter: now, the jury of eight men and four women spent close to 50 hours trying to reach unanimous verdicts on all those six counts. why they were unable to agree on five of the six, scott, isn't clear. they left the comment-- they left the courthouse tonight without make anything comment. >> pelley: anna, thank you very much. erin moriarty of "48 hours mystery" has been watching the testimony in the courtroom. erin, what appeared to be the central flaw in the government's case? >> reporter: i think simply put it's andrew young, the government's key witness. the government built its case on his testimony. he's the one who said that john edwards solicited the money from the two wealthy donors,

john edwards fighting for that case to be thrown out. tonight, the judge throws him a giant set back. >>> get thin quick. the wildly popular weight loss program and tonight, the doctors under investigation after five deaths. >>> what do they say when brian ross arrives. >> i want to talk to the doctor. >>> and a made in america can't miss tonight. the mothers of invention. three different moms, three simple ideas making millions. watch as this mom finds her invention in storeacross america. >> yes! >>> good evening. as we come on the air tonight, two little girls are back with their family after 134 days held captive by a man who the fbi called one of the most dangerous criminals in america. the girls were being hidden in the woods when suddenly they supported help through the trees. tonight, look at this fbi photo. now, the suspect, deceased, after taking his own life when police arrived. and those girls are free, shielded behind a giant white sheet. their mother and older sister did not survive the ordeal. abc's yunji de nies on the sc

or just john edwards' family?osecution's first witness today was able to speak to that and the interior decorator helped his racial friend funnel hundreds of thousands to andrew young claiming young never told them of the affair or the coverup until just hours before news appeared in the press, and the prosecution asked huffman how she reacted when she found out about the affair. and huffman reasonablied "she thought he should pay for your girlfriend yourself." trace? >>trace: thank you, jonathan, outside the courthouse and now our legal panel, former prosecutor and criminal defense attorney. jeffrey, the question in this, is it fair game as he was talking for the prosecution to bring up the affair again and again to prosecute john edwards? >>guest: absolutely. in a murder case the defendant doesn't want the prosecutor to show you the gory pictures of the scene but that is part of the prosecution case and no matter how much the defense wants to stipulate and say, we agree, we don't need to have the testimony, the

edwards seemed so certain, in fact, when the prosecution was finishing its part of the case, edwards said, "that's it?" but the judge must have thought otherwise. she said today, the case goes on. and the big question tonight, will edwards himself take the stand? will his daughter? could rielle hunter enter the courtroom? abc's bob woodruff on the case again tonight. bob? >> reporter: good evening, david. yes, edwards' defense team was clearly disappointed. they'll start calling their own witnesses next week, in hopes of tearing down the government's case. possible witnesses for the defense include edwards' paramour, rielle hunter, his oldest daughter, cate, and if they decide to gamble, even edwards himself. >> y'all have a nice weekend. >> reporter: risky, after the government wrapped up its case with exhibit 328, the avalanche of lies edwards told mel on "nightline" in 2008. >> one of the purposes for having this interview with you, bob, is to tell the truth. >> reporter: prosecutors wanted the jury to see edwards lie, repeatedly, with such apparent ease. a report has been publish