NY – Ex POTUS Donald Trump, sued by E. Jean Carroll, DT found liable re sexual assault, $5M award, countersuit dismissed, appeal rejected, 2023

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There will be an anonymous jury in Carroll v. Trump, a judge rules, citing Trump's record of attacking "courts, judges, various law enforcement officials and other public officials, and even individual jurors in other matters."


 

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Former President Donald Trump was indicted on March 30, 2023 related to payments made to adult film star, Stormy Daniels, ahead of the 2016 election. It is reported that Mr. Trump will be treated essentially like any other defendant, meaning that he is likely to be fingerprinted, photographed for a mugshot, and swabbed for the state DNA database. If convicted, Trump’s DNA would be placed in criminal databases.

Trump is currently being sued by E. Jean Carroll, an author and former Elle magazine columnist, who has accused Mr. Trump of raping her in a Bergdorf Goodman dressing room in the 1990s. Ms. Carroll has a dress she was wearing during that incident that is stained with a DNA sample she claims is from Trump. Ms. Carroll’s legal team requested a DNA sample from Mr. Trump for comparison and he refused until after the deadline to disclose evidence and one day after both parties filed a joint order agreeing that they would not call any DNA experts as witnesses. So, his DNA sample could not be used in the upcoming rape trial in April. However, if Ms. Carroll’s team somehow received access to Trump’s DNA results, it is possible that they could determine if the decades old sample on Ms. Carroll’s dress matches that of Mr. Trump – even if it cannot be used in court.

Ms. Carroll is one of 19 women who have accused Trump of sexual assault, but the only person who has accused him of rape thus far (aside from his first wife, who said that Trump raped her, but not in a literal or criminal sense). If another sexual assault accuser had a saved DNA sample, it is possible that the sample could be used for comparison against Mr. Trump’s DNA sample. There is a state-by-state statute of limitations for rape, so whether charges could be brought may depend on where such a crime was committed. However, the majority of states allow for statute of limitations to pause or extend when DNA evidence is available. New York State has no statute of limitation for rape, but a limitation of 5 years for other sexual assault charges – although there is a DNA exemption to the statute of limitations if there is a DNA match.


Trial in April is adjourned.

A New York federal judge on Monday postponed indefinitely the previously scheduled April trial for the first of two lawsuits accusing former President Donald Trump of defaming the writer E. Jean Carroll after she claimed he raped her in the mid-1990s.

Judge Lewis Kaplan also denied a joint request by lawyers for Trump and Carroll to consolidate her two pending civil lawsuits against Trump into a single trial.

Kaplan in a brief order wrote that the attorneys overestimated the purported benefits of judicial economy and of avoiding potentially inconsistent rulings by combining the cases in U.S. District Court in Manhattan.

He also noted that the trial previously scheduled to start April 10, for the case filed in 2019, "could prove unnecessary" if the federal appeals court that is currently reviewing the case rules that the suit is barred by law.
 

Trial in April is adjourned.

A New York federal judge on Monday postponed indefinitely the previously scheduled April trial for the first of two lawsuits accusing former President Donald Trump of defaming the writer E. Jean Carroll after she claimed he raped her in the mid-1990s.

Judge Lewis Kaplan also denied a joint request by lawyers for Trump and Carroll to consolidate her two pending civil lawsuits against Trump into a single trial.

Kaplan in a brief order wrote that the attorneys overestimated the purported benefits of judicial economy and of avoiding potentially inconsistent rulings by combining the cases in U.S. District Court in Manhattan.

He also noted that the trial previously scheduled to start April 10, for the case filed in 2019, "could prove unnecessary" if the federal appeals court that is currently reviewing the case rules that the suit is barred by law.

From the Carroll story:

Trump in a Oct. 12 social media post wrote “This ‘Ms. Bergdorf Goodman case’ is a complete con job.”

“And, while I am not supposed to say it, I will,” he added. “This woman is not my type.”

Trump during a deposition by Carroll’s lawyers mistook a photo of Carroll for his ex-wife, Marla Maples.
 

On April 25, a jury trial in one of two civil cases brought against Trump by author E. Jean Carroll is set to get underway in New York. While a judge put Carroll's defamation lawsuit against Trump on indefinite hold, the battery case, in which Carroll alleges that Trump raped her in a dressing room at a Bergdorf Goodman department store in the mid-1990s, is plowing ahead.

Trump and Carroll are both expected to testify in the case, meaning that the former president could soon be forced to return to New York for yet another courtroom appearance.
 

On the heels of his historic indictment at the Manhattan criminal court, former President Donald Trump's legal woes will soon begin another chapter with a civil trial set to kick off later this month.

This month's trial concerns the allegations made in 2019 by the advice columnist and author E. Jean Carroll, who says Trump sexually assaulted her in the mid-1990s.

In 2019, then again in 2022, Carroll filed a pair of civil lawsuits over the incident, accusing Trump of defamation and battery, seeking unspecified damages.
 
In 15 days, the trial for E Jean Carroll starts.
Unless Trump can find some way to further delay it, of course.


"A civil trial is also scheduled to begin in New York on 25 April on allegations that Trump sexually assaulted and defamed E Jean Carroll, a former magazine columnist, in late 1995 or 1996. It’s not known whether Trump will testify in the case, and he could face considerable political damage if he’s found to be liable over Carroll’s claims."


Actually that trial date was postponed. Per my notes:

3/30/23 Update: Judge Lewis Kaplan postponed indefinitely the previously scheduled April 25, 2023 trial for the first of two lawsuits accusing former President Trump of defaming the writer E. Jean Carroll after she claimed he raped her in the mid-1990s. Judge Kaplan also denied a joint request by lawyers for Trump & Carroll to consolidate her two pending civil lawsuits against Trump into a single trial. Judge Kaplan in a brief order wrote that the attorneys overestimated the purported benefits of judicial economy & of avoiding potentially inconsistent rulings by combining the cases in U.S. District Court in Manhattan. He also noted that the trial previously scheduled to start April 10, for the case filed in 2019, “could prove unnecessary” if the federal appeals court that is currently reviewing the case rules that the suit is barred by law. That appeals court currently is considering whether the comments made about Carroll in 2019 were within the scope of his job as president at the time, under Washington, D.C., local employment law. If they were, as the Justice Dept. has argued, Trump would be exempt from the claim of defamation. The second case was filed to take advantage of a new New York state law that suspended temporarily the statute of limitations that normally would block accusers in sexual assault cases from filing lawsuits against their alleged attackers if the incident had occurred many years before.
 
Actually that trial date was postponed. Per my notes:

3/30/23 Update: Judge Lewis Kaplan postponed indefinitely the previously scheduled April 25, 2023 trial for the first of two lawsuits accusing former President Trump of defaming the writer E. Jean Carroll after she claimed he raped her in the mid-1990s. Judge Kaplan also denied a joint request by lawyers for Trump & Carroll to consolidate her two pending civil lawsuits against Trump into a single trial. Judge Kaplan in a brief order wrote that the attorneys overestimated the purported benefits of judicial economy & of avoiding potentially inconsistent rulings by combining the cases in U.S. District Court in Manhattan. He also noted that the trial previously scheduled to start April 10, for the case filed in 2019, “could prove unnecessary” if the federal appeals court that is currently reviewing the case rules that the suit is barred by law. That appeals court currently is considering whether the comments made about Carroll in 2019 were within the scope of his job as president at the time, under Washington, D.C., local employment law. If they were, as the Justice Dept. has argued, Trump would be exempt from the claim of defamation. The second case was filed to take advantage of a new New York state law that suspended temporarily the statute of limitations that normally would block accusers in sexual assault cases from filing lawsuits against their alleged attackers if the incident had occurred many years before.
My understanding is that the trial for the first lawsuit (for defamation) trial has been postponed. I think the battery trial (lawsuit Nov 2022) will begin on April 25 as scheduled. But since they haven't been able to get a DNA sample from Trump, I'm not sure how that will come out.

Excerpt (BBM):
In mid-2019, writer E. Jean Carroll accused then-U.S.-president Donald Trump of sexually assaulting her in the mid-1990s. Trump denied the allegations. In November 2019, Carroll sued Trump in New York Supreme Court for defamation. In September 2020, U.S. Justice Department lawyers asserted that Trump had acted in his official capacity while responding to Carroll's accusation. In early 2023, the trial for the original lawsuit was postponed indefinitely pending appeal.

In November 2022, Carroll expanded her claim to battery and filed a second lawsuit against Trump under the Adult Survivors Act, a New York law that allows sexual-assault victims to file civil suits beyond expired statutes of limitations. The trial for this suit was scheduled for April 25, 2023.
 
What is a battery charge?
Battery, defined as the physical striking, hitting or sometimes groping of another individual without their consent, is a punishable crime in New York City. In some instances, a battery charge will have two cases attached - a civil liability and criminal charges.

 
No offense, but I wish they would move forward with the more serious charges. The voting public is much more jaded and weary than in the early aughts and 90's. Bread and circuses doesn't work as well as before.
 
The Carroll battery case is still scheduled to begin 4/25.

Carroll v. Trump, 1:22-cv-10016 - CourtListener.com

The defamation only case has been postponed.


Also, see:

The postponement order is attached:
 

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The Carroll battery case is still scheduled to begin 4/25.

Carroll v. Trump, 1:22-cv-10016 - CourtListener.com

The defamation only case has been postponed.


Also, see:

The postponement order is attached:

Thank you! changing my notes...
 
Even without DNA, it could be a winnable case. The judge is allowing other accusers to testify and allowing the Access Hollywood tape in.


But in a couple of weeks, the E. Jean Carroll civil case, alleging defamation and sexual battery, will begin, followed by a verdict a little while later. The judge has held that the “Access Hollywood” tape, about grabbing women by the genitals, will be admissible at trial, and the judge will allow testimony from a couple of other women who say that Trump behaved improperly toward them. As I’ve written before, that’s a tough case for Trump: It’s much harder to defend a lawsuit against multiple accusers than against one. And the jury in a civil case does not need to be unanimous; even if there’s one Trump diehard supporter on the jury, who won’t find Trump liable no matter the evidence, the other jurors could still hold him liable.

In the typical case, the defendant would take the witness stand and deny that the assault occurred, creating a “he-said, she-said” (or, at the Carroll trial, “he-said, they-said”) situation. But that’s also problematic for Trump and his lawyers here. Trump has at times admitted that the “Access Hollywood” tape accurately recorded his voice; at other times, Trump has insisted that the tape was a fraud. No matter what he says on the witness stand, he’ll be impeached with his previous statements.

On cross-examination, Carroll’s lawyers will of course do everything they can to cause Trump to testify on issues that could add to his criminal peril in other potential cases. (You may say that it’s nasty for Carroll’s lawyers to do that, but it’s an obvious, and legitimate, trial strategy.) Trump has the right to invoke the Fifth Amendment and refuse to incriminate himself on those issues, but, unlike in a criminal case, the plaintiff in a civil case can ask the jury to draw the obvious inference from a defendant invoking the Fifth Amendment — his response would hurt his case.

Given these problems, Trump’s lawyers will tell Trump not to take the stand in the E. Jean Carroll case. (I assume that Carroll will not herself call Trump to testify as an adverse witness. But that’s possible, and I’m not sitting at the plaintiff’s table in the Carroll case.) If Trump does not testify, Carroll’s lawyers will argue that Trump’s refusal to take the witness stand is evidence of guilt.

As I said, it’s a tough case for Trump.
 
He just had his fingerprints taken when he was arrested in NY. Probably using a scanner as opposed to inkpad/paper. Why couldn't they just swab the scanner screen before cleaning it afterwards? There must be some law preventing this, otherwise I can't understand it not being done. MOO
 
He just had his fingerprints taken when he was arrested in NY. Probably using a scanner as opposed to inkpad/paper. Why couldn't they just swab the scanner screen before cleaning it afterwards? There must be some law preventing this, otherwise I can't understand it not being done. MOO
Heaven forbid we pull a fast one on HIM!
 
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Story on Jessica Leeds and Natasha Stoynoff, the other women who will be testifying that Trump assaulted them.


All of the statutes cited in Carroll’s lawsuit relate to New York’s penal code. The other five statutes are rape in the third degree (§ 130.25), sexual abuse in the first degree (§ 130.65), sexual abuse in the third degree (§ 130.55), sexual misconduct (§ 130.20), and forcible touching (§ 130.52).

Judge Kaplan writes in a remarkable footnote: “49 U.S.C. §§ 46506 and 46501 (2) make it a crime to commit an act on an ‘aircraft in the United States’ that would violate any provision of chapter 109A of title 18 of the United States Code if the act had been committed in the special maritime and territorial jurisdiction of the United States.”

From here, the judge notes that Leeds’ allegations fit under the federal definition of unwanted “sexual contact,” which would have been illegal in a special maritime and territorial jurisdiction under 18 U.S.C. § 2244 (a)(1).

As for Stoynoff’s claims, Kaplan found that those would have violated Florida law, including one punishing “sexual battery.”

The judge emphasized that these findings are why Leeds and Stoynoff can testify.

“In order to be admissible under Rule 415, evidence of a sexual assault of a person other than the plaintiff must also have been a federal or state crime,” the judge wrote. “That requirement is satisfied here.”
 
Below are the stories that first reported Leeds's and Stoynoff's allegations in 2016.


 

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