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Transcripts from the Gray and Moore trial show that despite all of the details and insights into Edmond’s drug empire that were revealed, there was concern about him taking the stand.

One defense attorney, John Carney, moved for a mistrial on the second day of Edmond’s testimony, saying, “It’s clear that it’s completely unrelated to this case, and the jury is going to make assumptions. It’s confusing.”

U.S. District Judge Royce Lamberth, now the chief judge for the District Court, dismissed the motion, siding with a prosecutor who said there wasn’t any basis for a mistrial. The judge also later told the jury that it could consider Edmond’s testimony against Moore but not against the other defendants.

But appeals attorneys said the instruction didn’t help.

Edmond’s explosive claims necessarily affected the jurors’ ability to assess the charged complicity,” they argued in papers filed on appeal.