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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Monday, May 1st:
*Trial continues (Day 4) (@ 9am ET) - New York – E. Jean Carrol’s battery (sexual assault/rape), emotional distress & a 2nd act of defamation (for Trump's comments on Truth Social in October) lawsuit against Donald John Trump.
The lawsuit for defamation & under a New York law which allows alleged victims of sexual assault to sue over alleged crimes outside the usual statute of limitations.
Trump lawyers: Joseph Tacopina, Alina Habba & W. Perry Brandt.
U.S. District of Manhattan / U.S. District Judge Lewis A. Kaplan
Carroll has sued Trump for defamation & for rape, saying Trump turned a friendly encounter at a luxury Manhattan department store in late 1995 or early 1996 into a violent rape.
Trial began on 4/25/23 with jury selection. 9 jurors (6 jurors & 3 alternates) (3 women & 6 men). (see post #108 page 6 for jury info).
Trial expected to last 5 to 10 days.
Defamation charges postponed by Judge Lewis Kaplan on 3/30/23. Carroll's first defamation lawsuit against Trump was filed in November 2019. But that case has been put on hold while Trump argues that a federal law protects him from being sued for defamation for comments he made while president.
Case info from 2/15/23 thru 4/23/23 & Trial Day 1-2 (4/25-4/26/23) reference post #178 here:
https://www.websleuths.com/forums/t...famation-trial-25-apr-2023.673736/page-9[/url[COLOR=rgb(165, 42, 42)][SIZE=3]][/...rial-25-apr-2023.673736/page12[/SIZE][/COLOR]
U.S. District Judge Lewis Kaplan called a break for the day, saying the trial will resume Monday, 5/1/23.
 
sds71 said:
@lawofruby


NEW: On Thursday morning, the trial was late to start because both sides’ lawyers were in a private conference with Judge Kaplan in his robing room. Some in the courtroom speculated it could mean a settlement was in the works.
I knew that wasn’t it. How?

A court reporter came out of Kaplan’s robing room with all those lawyers. And even if an SDNY judge would participate in settlement negotiations — and that’s NOT the custom — no settlement conversation would be transcribed.

And now, Carroll’s lawyers have confirmed in a letter to the court that whatever they were discussing, it is ongoing & deserving of remaining under seal.

That letter was followed by a motion, supporting brief, and an exhibit, which are sealed until Judge Kaplan determines they should or should not stay that way. But given how little even the cover letter says, this appears to be no ordinary evidentiary dispute.
Click to expand...

Could it be that additional victims have come forward? After hearing the details of how Carroll was sexually assaulted, it wouldn't surprise me if others are willing to testify that T assaulted them in the same way. After all, we have Ts verbal confession that he kissed and grabbed women inappropriately.
 
I wonder if they are asking to unseal Trump's divorce documents with Ivana. She's dead now and can't appeal the unsealing, but Trump still can.

She accused him of rape as part of her petition to divorce on the grounds of cruel and inhumane treatment (which she was granted btw). She has since walked back the 'r' word, recanting what she testified under oath to in the 1990 deposition in 1993 (that of a marital rape in 1989 due to anger over a botched plastic/hair surgery), partly because of the erroneous argument by some that it couldn't be rape if it was nonconsensual sex with a spouse. But it HAS been UNLAWFUL to force a marital partner to have sex in NY since 1984.

This interesting article from 2018 exposes some recorded discussions between Cohen and Trump which, while pertaining to the Stormy Daniels case, also seems to intersect with these allegations and someone trying to get those divorce papers unsealed.


Leaked Donald Trump tapes dredges up 1989 spousal rape accusation

It's true that Ivana has tried to change her story since 1993 and make it seem less brutal and criminal than it was in 1989, but I think you can read between the lines here. She truly did testify under oath in a deposition to such treatment during the divorce proceedings. All of Trump's ex-wives are under NDA.

Imagine if these video taped depositions were allowed to be unsealed. Either footage or transcript would be damning.

However, it might prove too prejudicial, rather than probative, to be allowed by the judge.

My two cents.

Edited to add: Various media outlets were trying to get these unsealed during the 2016 election, due to Trump being a Presidential candidate and fitness for office was a huge concern. The petitions were denied in court, so as if this day Trump's divorce files are not available to the public.
 
Last edited:
anneg said:

What's at stake in the trial?​

Carroll is seeking unspecified compensatory and punitive damages for psychological harm, dignity loss, pain and suffering and reputation damage.
  • For Trump, the trial comes as he is again running for president and amid several other legal challenges.
  • Because it's a civil trial, Trump would not be considered a criminal if the jury's verdict is in favor of Carroll, but he could be responsible for paying her millions of dollars in damages.
Click to expand...
Does he even have millions of dollars?
 
www.theguardian.com

Donald Trump says ‘great to be home’ after landing in Scotland for golf visit

Former US president arrives in Aberdeen for trip in which he will open course at controversial resort
www.theguardian.com www.theguardian.com

Former US president expected to land in Aberdeen on Monday morning

He is expected to land in Aberdeen on Monday morning, saying on Truth Social – the social media platform he owns – that he will be opening a “spectacular” second course at the controversial Menie Estate in the north-east of the country.

After his time in Scotland, he will head to his course in Doonbeg on Ireland’s west coast.
 

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Trump Moves for Mistrial In Carroll Trial Citing Unfairness & Eric Trump on Reid Hoffman Role

When E. Jean Carroll testified on April 26 on direct examination about Donald Trump allegedly raping her in Bergdorf Goodman's in 1996, then defaming her in 2019, Trump's lawyer Joe Tacopina repeatedly objected.

U.S. District Court for the Southern District of New York Judge Louis A. Kaplan denied most objections - and told Tacopina that his client might be subjecting himself to liability under other Federal statutes with his posts on Truth Social (and his son Eric's statements).

Now early on May 1, Trump's lawyer Tacopina has filed an 18-page motion for a mistrial, citing alleged unfairness, including statements about liability for Eric Trump's expressed view on Reid Hoffman's role in the case.

Inner City Press live tweeted the direct testimony, thread here

Then on April 27, the cross examination, here

Late on Sunday April 30 Carroll's lawyer docketed a letter referencing a sealed filing: "the Court invited further briefing. Plaintiff now files such briefing and corresponding papers, and respectfully requests leave to file them under seal given the nature of the issue."

Inner City Press has written up seeking to unseal.​
 
sds71 said:
Trump is requesting a mistrial:

18 pages


abc13.com

Trump team in defamation, battery trial requests mistrial before cross-examination resumes

Before the cross-examination of E. Jean Carroll resumes, the defense requested a mistrial in a letter filed Monday at dawn.
abc13.com abc13.com
Click to expand...

Your honor, we would like to admit exhibit 1- Trumps Truth Social post stating he didn't do this, that he's never been with this woman. We rest our case. JMO
 
TootsieFootsie said:
www.theguardian.com

Donald Trump says ‘great to be home’ after landing in Scotland for golf visit

Former US president arrives in Aberdeen for trip in which he will open course at controversial resort
www.theguardian.com www.theguardian.com

Former US president expected to land in Aberdeen on Monday morning

He is expected to land in Aberdeen on Monday morning, saying on Truth Social – the social media platform he owns – that he will be opening a “spectacular” second course at the controversial Menie Estate in the north-east of the country.

After his time in Scotland, he will head to his course in Doonbeg on Ireland’s west coast.
Click to expand...
I hope the prosecutors can bring this little tidbit up. AND I wonder if he is planning to not return to the US? Perhaps go lay low for a while (cannot believe I just typed that descriptor of DJT!) in a non-extraditing nation?
 
www.cbsnews.com

Trump asks for mistrial in E. Jean Carroll rape lawsuit

In a letter to the judge, Trump's lawyers argued the judge has made "unfair and prejudicial" rulings against the former president.
www.cbsnews.com www.cbsnews.com

In a letter to Judge Lewis A. Kaplan, Trump's attorney Joe Tacopina asked that the judge dismiss the lawsuit, or as an alternative, "correct the record for each and every instance in which the Court has mischaracterized the facts of this case to the Jury" and "allow the Defendant's counsel to have greater latitude to cross-examine Plaintiff and her witnesses."

Tacopina's letter accused Kaplan of having "bolstered" Carroll's testimony by improperly sustaining objections to some of Tacopina's questions of Carroll, and said a potential upcoming witness should be barred from testifying. He said what Carroll's attorneys and Kaplan deemed as "argumentative" questions were actually in accordance with "well-established and accepted" methods of cross-examination.

Many of the sustained objections arose when Tacopina questioned Carroll about her account of the alleged attack, questioning her testimony that she did not scream, and expressing doubt about Carroll's testimony that the department store, Bergdorf Goodman, was relatively empty at the time of the attack.

Tacopina also cited a statement made by Carroll during her testimony in which she said that Trump accused her of being "a democratic operative," and asked the judge to conclude that she opened the door to being questioned about financial support for Carroll's litigation against Trump she previously received from a billionaire entrepreneur who has frequently donated to Democratic causes. Kaplan previously barred Tacopina from bringing up the entrepreneur, Reid Hoffman.
 
sds71 said:
Trump is requesting a mistrial:

18 pages


abc13.com

Trump team in defamation, battery trial requests mistrial before cross-examination resumes

Before the cross-examination of E. Jean Carroll resumes, the defense requested a mistrial in a letter filed Monday at dawn.
abc13.com abc13.com
Click to expand...

Trump's entire life has been to exploit whatever systems he can including and especially the court system- he has been very successful at doing so--- no surprise that he has requested a mistrial--- he is so predictable
 
abc7news.com

Cross-examination of Carroll resumes in Trump trial, despite defense asking for mistrial

Cross-examination of accuser E. Jean Carroll at the battery and defamation trial of former President Donald Trump resumed Monday with questions about her shopping habits.
abc7news.com abc7news.com

Before the testimony resumed, Judge Lewis Kaplan denied the defense's request for a mistrial. The judge offered no reason.

Cross-examination of accuser E. Jean Carroll at the battery and defamation trial of former President Donald Trump resumed Monday with questions about her shopping habits.

"You've made many purchases at Bergdorf's since 1995-96?" asked defense attorney Joe Tacopina, referring to the Fifth Avenue department store where Carroll said the rape occurred. "I've not made many but I've made several," Carroll said.

Tacopina showed an itemized list of 23 purchases from 2001-2018 totaling more than $13,000 and said the purchases made clear Carroll was not afraid to enter the store where she was allegedly assaulted.

"Bergdorf's is not a place that I'm afraid to enter," Carroll said.

Tacopina asked Carroll about a time she was in the store with Lisa Birnbach, one of two women Carroll has said she told about the alleged rape by Trump.

"That day where you were discussing your niece's wedding dresses, having champagne with Lisa, did the alleged attack ever enter your head?" Tacopina asked.

"I don't remember," Carroll answered. "This was a very happy occasion. I wasn't there to remember the time in the dressing room in 1996."
 
Donald Trump’s accuser E. Jean Carroll is, once again, defending her decision not to call the police to report an allegation that Trump had raped her.

Speaking to Trump’s attorney, Carroll testified, “Mr. Tacopina, I was born in 1943. I am a member of the silent generation.”

“Women like me were taught and trained to keep our chins up and to not complain,” she said.

Carroll, a writer and advice columnist, said she has called the police one time in her life, when she was staying at acting legend Helen Hayes’s farmhouse and kids vandalized the mailbox on Halloween. That instance was much different, Carroll said.

Women her age “were not ever trained to call the police” about sex assaults. “I would never call the police about something I am ashamed of,” Carroll said. “I thought it was my fault.”

To challenge this notion, Trump’s attorney Joe Tacopina confronted Carroll with her past advice columns in which she advised female readers to report sexual assaults. Carroll conceded she wrote numerous columns of that nature over the years.

A new line of questioning seems aimed at supporting the defense claim that E. Jean Carroll falsely accused Donald Trump in an effort to sell her book and make money. She was asked about a text message exchange with her friend Carol Martin, who is expected to testify, which referred to Carroll being on a “fixed income.”

Carroll balked in conveying her answer and U.S. District Court Judge Lewis A. Kaplan told her, “Ms. Carroll, it would help if you would just answer the questions.”

E. Jean Carroll is now being asked about her encounter with anti-Trump lawyer George Conway at a party in which he discussed the possibility of her suing Donald Trump after she’d gone public with the story.

“Before that, you had no intention of suing Donald Trump as we just heard?” Tacopina asked, citing comments Carroll made in her 2022 deposition.

“Not really,” she said.

On cross-examination, Donald Trump’s accuser E. Jean Carroll is being questioned about her decision to sue Trump but not former CBS head Les Moonves, whom she has accused of sexually assaulting her in an elevator.

Carroll revealed accusations against both Trump and Moonves in a book she wrote that was published in 2019. Both men are rich, prominent figures with large public profiles and each has denied Carroll’s accusations.

However, Carroll responded Monday during testimony, Moonves did not refer to her as a “scam” like the former president did.

“He didn’t call me names,” Carroll said. “He didn’t grind my face into the mud like Donald Trump did.”

 
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