The Texas Tornado, Mark Bennett, is “in” trial (sorry, but that’s how they say it in Texas), and is liveblogging his way through it.  See the posts here,  here,  here and here, and expect them to continue until the jury foreman says “not guilty.”

While this isn’t the first time someone has liveblogged a trial, the last time ended in disaster for the blogger known as the Flea.  Of course, the Flea was “on” trial, while Bennett is only “in” trial.  Not to mention, I wouldn’t put it past Mark to serve up a little disinformation just in case his prosecutor is reading his blawg at night.  A few well placed tweaks might send the prosecution into a tailspin.  Would that be wrong?  Should he not use all the tricks he has up his sleeve?

Robert Guest of I Was The State, posted a comment to Mark’s blawg:

I never feel comfortable blogging about a trial while it happens. Have you researched the issue? Is there any potential negative implications?

My guess is that it all depends on what exactly your blogging about.  If you’re spilling state secrets, then there could be a problem.  If you’re reviewing what happened during the day, with your reaction as to whether it was helpful, hurtful, neutral, then probably not.  Although, disclosing too much about your reaction to testimony or rulings could well reveal too much about what concerns you and where you might be headed.

In his last post, Mark writes about how he is pushing the envelope with his questions relative to the judges in limine ruling.  This might get a reaction from the judge, if he either reads the blawg or the prosecutor tells him about it.  “See, Judge, Mark’s being a bad boy.  He’s trying to skirt your ruling, Wahhhhh.”  I would think twice before giving the prosecutor any ammunition.

But I’ve get faith in Mark’s judgment.  If he’s writing about his trial, he has a reason.  If he says something, he has a reason.  And if it makes for good reading, then all is right with the world.  Knock ’em dead, Mark.  But don’t forget that when come back from court after a hard day “in” trial, the first think you do is  vote for Simple Justice for Best Blawg.  You can’t lose sight of priorities even when you’re “in” trial.