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with lynda kinkade we adjust hours away from opening statements in the first ever criminal trial of a former us president donald trump has pleaded not guilty to 34 felony counts because alleged role in a hush-money scheme to conceal an affair with adult film style stormy daniels trump has been outspoken about this trial. once a gag order imposed on him by the judge lifted ahead of a hearing on tuesday, where he'll face accusations of violating that order with some of his social media posts meanwhile, a source tells cnn and the prosecution's first witness will likely be david, the former publisher of the national enquirer, who was said to be a key player in the hush money plot cnn's marshall cohen gives us a closer look at several of the potential witnesses what's finally here, opening statements are expected to begin monday morning in new

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CNN Newsroom Live

information. prosecutors knew that in order to get to the bottom of this crime, they needed information from david now that non-prosecution agreement that immunity agreement is going to allow david to get the full story of what actually happened without any repercussions of pam possible i believe facing jail time, but instead, he'll be able to lay everything out for the prosecution. still a concern for the defense because the defense is going to try to discredit him and argue to the jury later on that the reason that he's making a fused luck is because he given a non-prosecution agreement until an order to avoid any kind of jail sentence as well good to have you on the program, but nada via luna, thanks so much free time. thank you you. can watch cnn's special coverage. >> all of the trump hush, money trial. it begins monday at 9:00 a.m. in new york. that's 2:00 p.m. in london we're us

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owed his father cash and the night halee died, he sent a text to his son. got the money yet? >> we know he left $210 for his dad the next morning. >> one of the things that seem somewhat weak matas the motive. we are talking a couple hundred dollars? to just kill somebody? >> i have prosecuted cases where someone was killed for less than they. >> it seems like a leap from forging checks to cold-blooded murder. >> it's not the usual situation. >> it was not the usual situation because it did not happen. that is what i say is defense attorney said. he argued the prosecution had been fixated on isaiah from the start and build a case out of gases and nothing more. >> no physical evidence. they had no gun. they had no bullet or casing. >> the blue towel investigators found at the crime scene?

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Dateline

>> dna testing on the towel showed none of isaiah hagan's dna was present. >> there was one thing plain to see. isaiah's lies in the interrogation video. the prosecution played the entire 9.5 hours of it to the jury. >> anytime somebody says something the state contends is not true, you have to try to understand the dynamic of where it was said. >> he noted detectives questioned isaiah aggressively for hours and used infiniti -- profanity and invaded his face and intimidated him. maybe he theorized isaiah simply lied to make them go away. were you worried the jury would hear lies and that's going to trump everything is? this guy is lying. why should he believe he didn't kill her.

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after her cell phone stopped sending a signal before 11:30 on the night she died, it had mysteriously turned on about four hours later and pinned of his cell phone -- cell tower near the soccer field. when that happened, data showed isaiah was miles away. >> at the time her phone came back on and started traveling, it was nowhere near isaiah hagan. he was in a different county so he could not of been pinging of the same tower. >> and he thought it meant someone else had halee's cell phone the prosecution insisted isaiah had the phone all along. >> it looks like it powers pack the at the soccer field but we have the theory that when you power your phone off, hits in the last hour it was off when it powers down. >> is that exact sensory theory? >> it is a theory but we have found zero evidence there was anyone else involved other than isaiah hagan.

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the last person to see her alive. he lied about her cell phone and he had money problems. he did a lot of things to cover his tracks. >> the prosecution presented the most explosive piece of evidence they had. gwinnett investigators found when the search the phone of hagan. >> we were able to locate a towel from the home that was actually the same make and model of the towel that was located at the soccer field. >> there was something else investigators discovered, he owned several guns and one was missing. did you think that maybe isaiah took it? >> it would not be something we would suspect. >> he did not like guns. >> he wasn't comfortable around them. >> the prosecution said isaiah

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challenged with three, felony counts of falsifying business records we know the opening statements will happen monday, both sides trying to lay out their case for the jury and preview any evidence what can we expect? >> so today it's gonna be very energizing day. i'm sure that both sides on pins and needles because they know that all eyes are walking them. but what we can expect today is the opening statements. and again, i say statement because it's not arguments. so the prosecution is going to be very limited in terms of what they said so the prosecution's going to lay out, set a preview of what they expect the evidence to show, tried to give a preview to this jury layout of how they're going to present the evidence, and then they'll remind the jury that they'll come back at the end of the case during closing arguments to argue how they prove the case beyond a couple doubt, the prosecution would go first, the defense will then have the option to give an opening statement by new york law. they're not

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Life Liberty Levin

itself is the judges will bend over backwards to accommodate a defendant. weather is to allow in more evidence than the prosecution might like or give it leeway in terms of their theory of the defense. there is always a willingness by the judges to bend over backwards for the defendant. you talk about a speedy trial do you know who actually owns that right? it is the defendant. it's the only one that can say i need more time. the government can't. the government can't say it needs more time but the defendant can we have donald trump indicating needs more time to review documents. more time to prepare its defense and the judge there's not a case out there in the history of this country under these circumstances where the average white collar crime is over three years long from indictment to trial. there's not a judge out there that would not grant the defendant additional time to

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