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Updated April 7, 1999, 11:02 a.m. ET McDougal closing arguments set to begin, jury will be instructed to ignore some allegations against Starr
McDougal is on trial for obstruction of justice and contempt for refusing to answer Starr's grand jury questions about the Clintons' alleged involvement in the Whitewater scandal. McDougal, the Clintons' former business partner in the Whitewater real estate venture, testified during the trial that she refused to answer the questions because she believed Starr was out to "get" the Clintons and wanted her to make false statements. Throughout the testimony of McDougal and Julie Hiatt Steele, a former friend of Kathleen Willey, the defense has portrayed Starr and his team as prosecutors determined to bring down the president and first lady by any means necessary including indicting people if they refused to lie or give damning testimony against the first family. But on Tuesday, Judge Howard said that jurors cannot consider evidence suggesting prosecutors wanted something other than McDougal's truthful testimony when deciding the criminal contempt charges. However, the jury may consider McDougal's allegations against Starr on the obstruction of justice charge. "You have heard evidence that the defendant believed that certain prosecutors wanted something other than her truthful testimony," the instructions say. "This evidence should be considered by you only when considering the obstruction of justice charge. You are not to consider this evidence when considering the contempt charges." The jury instructions, which Judge Howard released in written form Tuesday, will be delivered after closing arguments. Not surprisingly, prosecutors were pleased with the instructions. According to Associate Independent Counsel Mark Barrett, prosecutors were also able to block a defense request that jurors could acquit McDougal of contempt if they feel she proved she had "just cause" in refusing to answer grand jury questions. "The law does not recognize as a defense to these charges that the defendant was motivated to commit her acts by sincere moral, political or religious convictions," Judge Howard wrote. Pat Harris, McDougal's fiance and co-counsel, however, pointed out that jurors will have to find that his client willfully refused to answer Starr's grand jury questions. And the defense may not be able to emphasize the testimony of Julie Hiatt Steele as much as it would like. Supporting McDougal's frequent allegations that Kenneth Starr used unfair tactics to settle an alleged vendetta against the Clintons, Steele told jurors Friday that Whitewater prosecutors indicted her after she refused to lie about the president. When Steele took the stand, she supported McDougal's portrayal of Starr. She claimed she was charged with obstruction of justice and making false statements after she refused to corroborate her former friend Kathleen Willey's accusations against President Clinton. Willey has accused Clinton of making sexual advances toward her in 1993, which he has denied under oath. Steele faces trial for obstruction of justice in Virginia on May 3.
Court TV's Bryan Robinson and The Associated Press contributed to this report. |
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