Judge Steve Smith, who has accused two El Paso defense attorneys of contempt, will not testify in the trial and will not be available for cross examination, violating a basic rule of justice of facing your accuser.

Attorneys Stuart Leeds and Theresa Caballero are defending themselves and each other against a contempt complaint that has been described as “silly” and little more than “baloney.” The record has also been sealed, which Caballero called “secret” because she is limited in what she can use to defend herself and Leeds.

The contempt trial continues today with witnesses called by Caballero and Leeds. The state, who had two witnesses testify and entered the record as evidence, rested their case.

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