Sex tape not in evidence

Judge bars words about it for now. Ex-aide to Edwards admits using some funds for himself.

GREENSBORO, N.C. — Opposing lawyers in the John Edwards trial wrangled with a judge over whether to admit into evidence a sex tape of the former presidential candidate as an ex-aide ended a week on the witness stand Friday.

Edwards is accused of directing a conspiracy to use about $1 million in campaign donors’ payments to help hide his pregnant mistress as he sought the White House in 2008. He denies knowing about the money and has pleaded not guilty.

Former aide Andrew Young testified this week that he deposited the payments from a wealthy Texas lawyer who served as Edwards’ campaign finance chairman and an elderly heiress into personal accounts controlled by him and his wife. The money was used to help build a $1.5 million North Carolina home. Young, who is testifying under an immunity deal, said Friday that he did not pay income taxes on the money, considering it a “gift.”

Prosecutors objected Friday when a defense lawyer for Edwards asked Young whether he had threatened to release a “private video” to expose Edwards’ affair with Rielle Hunter.

U.S. District Court Judge Catherine C. Eagles instructed Edwards lawyer Abbe Lowell to continue his cross-examination of Young without mentioning the tape.

After conferring with the judge, Lowell said he would wait to potentially discuss the tape when the defense presents its case.

Hunter sued Young in state court two years ago over ownership of the sex tape and other items in Young’s possession. That civil suit was settled this year with an agreement to destroy all copies of the tape, though there are suggestions in court documents that federal investigators may have a copy.

Defense attorneys did not want to show the tape to the jury, but wanted to mention it in the context of the allegation that Young threatened to reveal Edwards’ affair with Hunter in an August 2008 conversation.

Young was the first witness called by prosecutors this week and testified about the conversation.

Confronted with copies of his amended tax returns for 2007 and 2008, Young acknowledged using about $1 million of $1.2 million in payments from Rachel “Bunny” Mellon and lawyer Fred Baron for himself.

He said that he didn’t pay taxes on the money because he believed the income to be “gifts,” not taxable income.

The distinction is at the heart of the defense strategy that the secret payments were “gifts from friends” intended to hide Edwards’ affair from his wife, not campaign contributions intended to help him win the election.