Appeals court stays security for Edwards sex tape

February 10, 2010 2:52:00 AM PST
The North Carolina Court of Appeals weighed in Tuesday on the order for Andrew Young to turn over a sex tape of former presidential candidate John Edwards from an Atlanta bank vault.

Superior Court Judge Abraham Penn Jones had ordered that a security firm oversee the retrieval of the tape, but now the appeals court has stayed that order.

Young's attorneys have argued that requiring an escort was tantamount to an unreasonable search and seizure.

What remains in place is Jones original order to turn over the tape.

Jones found former Edwards aide Andew Young in contempt of court last week for not giving it to the court. Young said he and his wife discovered the video after Edwards' mistress Rielle Hunter moved out of their house in 2007.

Edwards has publicly admitted to beginning an affair with Hunter in 2006 while she worked on his campaign as a videographer. He has also admitted to being the father of her daughter.

The existence of the video came to light after the publication of Young's new book "The Politician," in which he chronicles the Edwards affair and his involvement in trying to keep it secret.

Young has kept the video in an Atlanta safe deposit box, but told ABC11 Eyewitness News he retrieved the tape Tuesday.

It's unclear how the latest ruling will impact Wednesday's hearing in Pittsboro.

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