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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Tuesday, Mary 2nd:
*Trial continues (Day 5) (@ 9am ET) - New YorkE. 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 1-3 (4/25-4/27/23) reference post #281 here:
https://www.websleuths.com/forums/t...d-defamation-trial-25-apr-2023.673736/page-15

5/1/23 Monday, Trial Day 4: Before the cross-examination of Carroll resumes, the defense requested a mistrial in a letter filed Monday at dawn. 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. Tacopina said the judge has mischaracterized elements of the case & improperly shut down certain lines of questioning during cross examination. Tacopina said he should have been allowed to explore why Carroll did not pursue security camera footage from the store & why Carroll did not go to the police following the alleged rape. "Proof that Plaintiff never attempted to determine if any such footage of the parties existed constitutes circumstantial evidence that her accusation is false," the letter said.
Before the testimony resumed, Judge Lewis Kaplan denied the defense's request for a mistrial. The judge offered no reason.
Plaintiff witness: E. Jean Carroll. Cross-exam continues.
for more info see posts #291, 293, 296, 299 & 300 [pg 15] & 307, 308, 311 thru 314 & 316 (article) here:
https://www.websleuths.com/forums/t...-for-battery-trial-25-apr-2023.673736/page-16
Trial continues on Tuesday, 5/2/23.
 

Lisa Birnbach, a writer, was the first person Carroll said she told about the alleged attack, "five to seven minutes" after the alleged assault occurred, Birnbach said.

"She told me that Donald Trump recognized her outside or right in the doorway of Bergdorf Goodman, he asked her to help him shop, and assaulted her upstairs in a dressing room," Birnbach testified.

Birnbach testified that she "thought it was kind of nutty" for Carroll to go to the lingerie department with Trump, but she did not think it was dangerous.

"I had just spent a few days with him," Birnbach said of Trump, referring to two days she spent at Trump's Mar-a-Lago estate for a Feb. 12, 1996, piece she wrote for New York magazine. "He didn't strike me as dangerous."

Birnbach described the alleged assault as she said Carroll relayed it to her, saying, "He slammed his whole arm, pinned her against the wall with his arm and shoulders and with his free hand pulled down her tights."

"And E. Jean said to me many times, 'He pulled down my tights, he pulled down my tights.' Almost like she couldn't believe it had just happened to her," Birnbach said.

"As soon as she said that, even though I knew my children didn't know the word, I ducked out of the room and I whispered 'E. Jean, he raped you, you should go to the police,'" Birnbach testified.

"She said, 'No, no I don't want to go to the police,'" Birnbach told the jury, saying that Carroll made her promise that "'you will never speak of this again and promise me that you will tell no one.' And I promised her both those things."

Birnbach told the jury that she supported Hillary Clinton for president in 2016, was "surprised and upset" Trump won, and, on her podcast, called Trump a "narcissistic sociopath" who is "an infection like herpes that we can't get rid of."

But, she said, she was only testifying "because my friend, my good friend, who is a good person, told me something terrible that happened to her. As a result she lost her employment and her life became very, very difficult. I am here because I want the world to know that she was telling the truth."

Birnbach said the account that Carroll gave when she went public with the accusation in her 2019 book matched what Carroll told her in the spring of 1996.

"After I read the excerpt, I called E. Jean and told her how brave she was and what a good piece it was," Birnbach said.

"She's not a victim," Birnbach said. "She doesn't want anybody's pity. She is somebody who, and I think it's the way she was raised, instead of wallowing, she puts on lipstick, dusts herself off, and moves on. I think that's how she has gotten through her life."
 

Ms. Birnbach testified that Ms. Carroll called her about five to seven minutes after she said she was attacked by Mr. Trump. Ms. Birnbach said she was in her kitchen at home giving her children dinner around 6 p.m. one evening in the spring of 1996.

“She said, ‘Lisa, you’re not going to believe what happened to me,’” Ms. Birnbach testified. She said Ms. Carroll sounded “breathless, hyperventilating, emotional.”

“It sounded like she had just this surge of adrenaline,” Ms. Birnbach testified. As she listened to the story, Ms. Birnbach said she found it surprising — “I thought it was kind of nutty” — that Ms. Carroll had gone to the lingerie department with Mr. Trump, but she continued to listen.

“E. Jean said to me many times, ‘He pulled down my tights, he pulled down my tights,’ almost like she couldn’t believe it,” Ms. Birnbach said. She described how Ms. Carroll told her Mr. Trump penetrated her with his penis.

Ms. Birnbach said she went into another room and whispered to Ms. Carroll, so her children wouldn’t hear, that Ms. Carroll had been raped and that she should go to the police. Ms. Birnbach said Ms. Carroll told her she wasn’t going to the police, and she asked Ms. Birnbach to never speak of what she had told her again. Ms. Birnbach testified that they hadn’t talked about what was shared on that phone call until 2019.

Cross-Examination Ahead​

Shawn G. Crowley, a lawyer for Ms. Carroll, anticipating questions that would likely arise during the cross-examination, asked Ms. Birnbach about her political affiliation. Ms. Birnbach told the jury that she was a Democrat, and had criticized Mr. Trump on a podcast she once hosted, calling him a “narcissistic sociopath.”

As cross-examination began later Tuesday morning, one of Mr. Trump’s lawyers, W. Perry Brandt, began questioning Ms. Birnbach about her political donations and the scathing comments she had made about the president on podcasts and in other forums.
 
Counsel: Did you discuss Donald Trump on your podcast, as a narcissistic psychopath and Vladimir Putin's agent?
Birnbach: Probably yes. My guests were not fans of Donald Trump either.
Birnbach: I said those things right after the January 6 insurrection at the Capitol --
Trump's lawyer: Objection!
Judge Kaplan: Overruled.
Counsel: Did you say, The cult of Trump will decline and he will be dealing with a lot of lawsuits?
Birnbach: Yes.
Birnbach: The guy had done a lot of bad things. I was hoping he would have to account for them
Counsel: When did your podcast end?
Birnbach: When Joe Biden was president.
Counsel: Why are you testifying here?
Trump's lawyer: Objection. Irrelevant.
Judge: Overruled
Birnbach: I'm here because my friend is telling the truth.
Counsel: No further questions.

 
Carroll's lawyer Ferrara: Plaintiff calls Jessica Leeds.
Ferrara: What was your job?
Leeds: A stock broker at 20 Broad near Wall St
Ferrara: Where did you meet Donald Trump?
Leeds: On a plane in 1979 or 1978. From Dallas or Atlanta. It was midday. I was 37.
[Photo of Leeds with short hair. She: then my hair was long]
Leeds: I was invited up to the first class cabin. I was the only woman there. Donald Trump introduced himself.
Ferrara: Did you know of him?
Leeds: No. I was living in Connecticut. They served a very nice meal, as Braniff was known for.

Leeds: Donald Trump grabbed me and groped me. It was like he had forty zillion hands. He put his hand up my skirt. That's gave me a jolt. I wiggled out and stormed back to coach.
Ferrara: Did anyone say anything?
Leeds: The guy on the aisle, his eyes were saucers
Ferrara: Have you given interviews about this? And saying it took long?
Leeds: I told Anderson Cooper it was fifteen minutes. But it was seconds.
Ferrara: On plane, did you tell anyone.
Leeds: No. It never occurred to me.

Leeds: It was Anderson Cooper who asked Trump the question during the debate with Hillary... So I agreed to be on his show. I had written a letter to the NYT and Megan Twohey called me, said she'd said a reporter over. He came over, they brought a photographer
Leeds: I don't know if you've ever had the experience of picking up a newspaper and seeing your face on the front page. Wow. I was amazed.
Ferrara: What's this?
Leeds: The debate where Anderson Cooper asked him if he had harassed a woman.

Ferrara: Plaintiff's offer it as an exhibit.
Tacopina: Objection.
Ferrara: Let's look at the transcript. It's only 2 minutes 27 seconds.
Judge Kaplan: OK.
Tacopina: We don't object, if only this segment.

[Video of Cooper asking about Access Hollywood tape]

Trump (in Cooper interview) This was locker room talk. We have a world of ISIS chopping of heads, drowning people in steel cages. I will knock the hell out of ISIS
Anderson Cooper: Are you saying what you said on the bus 11 years ago, you never did that?
Trump: No

Back in court: Ferrara: Ms. Leeds, did you watch the debate?
Leeds: Yes. I was furious. What was done to me... There was foreign press, even from Japan and France. A couple more appearances on CNN & MSNBC.
Ferrara: What was the response?
Leeds: I don't do Facebook
Leeds: People say, Thank you.
Ferrara: When did the NYT run your story?
Leeds: October 2016. I heard he said he would never attack me. But he was looking at a 76 year old woman, not that 37 year old I was.

Judge Kaplan: Lunch break till 2 pm.

 

Jessica Leeds, 81, described being assaulted by Trump on a midday flight to New York City in the late 1970s. A former stockbroker who was a traveling saleswoman at the time, Leeds said the attack occurred after she was bumped up to first class.

“The gentleman sitting by the window introduced himself as Donald Trump,” Leeds testified in Manhattan federal court. “We shook hands.”

Not long after, Leeds said Trump ambushed her in her seat, kissing her and groping her.
“There was no conversation. It was out of the blue,” Leeds said, describing it as a tussle.

“He was trying to pull me towards him. He was grabbing my breasts … It was like he had fifty zillion hands. It was a tussling match between the two of us. It was when he started putting his hand up my skirt that that kind of gave me a jolt of strength and I managed to wiggle out of the seat and I went back to my seat” in coach, Leeds said.

Leeds said the disturbing incident occurred in near-total silence but she noticed another passenger looking at them with eyes like “saucers.”

“I don’t think there was a word or a sound made by either one of us,” Leeds testified. “I can remember thinking that the people behind us must have thought something was going on.”

Leeds said she remembered thinking, “Where is the stewardess?”

“I realized nobody was going to help me,” she added. “I had to do it myself.”

Leeds said she didn’t consider speaking out about the assault in an era when “men could basically get away with a lot.”

When she heard Trump forcefully denying sexual misconduct allegations during his run for president in 2016, Leeds said, she was “furious” because she says she knew first-hand that he was lying.
 

Leeds stated she by no means instructed anybody in regards to the alleged assault till 2016, when it appeared he had a sensible shot on the presidency.

“I began telling everybody … my household, my youngsters, my buddies, neighbors, guide membership, anyone who would take heed to me, as a result of I assumed he was not the type of individual we wish as president,” Leeds stated.

Trump has denied Leeds’ account and mocked her, saying “She wouldn’t be my first alternative.”
 
@AaronKatersky


Former President Trump will not testify in his own defense at his battery and defamation trial, defense attorney Joe Tacopina told the judge

I was just reading some Letters to the Editor, in the NY Times. There is one there that stands out as something I really agree with. So I am going to use the framework of this person's words, if that is okay.

One man who was a lawyer (public defender) said that he has noticed that DT seems to never appear to face cross examination. Just denies things on social media. (He gave the impeachments as an example.)

He asks how many men would stay home (well, in this case, go to Scotland and visit golf courses) if they were innocent of such a charge, how many men would not come to court and deny it vehemently?

E. Jean Carroll v. Donald Trump

Personally, I think the jury might agree. imo
 
I was just reading some Letters to the Editor, in the NY Times. There is one there that stands out as something I really agree with. So I am going to use the framework of this person's words, if that is okay.

One man who was a lawyer (public defender) said that he has noticed that DT seems to never appear to face cross examination. Just denies things on social media. (He gave the impeachments as an example.)

He asks how many men would stay home (well, in this case, go to Scotland and visit golf courses) if they were innocent of such a charge, how many men would not come to court and deny it vehemently?

E. Jean Carroll v. Donald Trump

Personally, I think the jury might agree. imo
He could lose simply because he didn't show up. Juries can decide how ever they want to.
 
He could lose simply because he didn't show up. Juries can decide how ever they want to.

Exactly my point. Go to Scotland and visit golf courses VS appearing in court to deny serious allegations.
One would think that visiting golf courses would take a lower priority. It is not as if Scotland is going to vote him in, in 2024.

Heck, he likely could appear via an online link, if he really wanted to deny charges ... and Scotland was so very important at this moment.
 
Exactly my point. Go to Scotland and visit golf courses VS appearing in court to deny serious allegations.
One would think that visiting golf courses would take a lower priority. It is not as if Scotland is going to vote him in, in 2024.

Heck, he likely could appear via an online link, if he really wanted to deny charges ... and Scotland was so very important at this moment.

Maybe he's hoping to snag a seat at the King's coronation.
 
Judge Lewis Kaplan pressed Trump lawyer Joe Tacopina on whether his client would show for any of the proceedings after jurors were dismissed Tuesday afternoon.

“We have to know,” Judge Kaplan said. “So Mr. Trump is not going to be coming?”

“Correct,” Tacopina responded.

“It’s his call,” the judge continued. “I understand that, you understand that, he understands that, right?”

“Yes,” the lawyer said.

While jurors will not hear live testimony from the former commander-in-chief, Carroll’s lawyer Roberta Kaplan told the judge they are planning to play for the jury excerpts of Trump’s video deposition.

Trial testimony could conclude as soon as Thursday, the lawyers estimated — which would mean jurors would likely begin deliberating by early next week.

 
"Sorry, sir, if you just want to pop over to St James Park, there is a big screen there for public viewing"?


I hope it was clear I was wondering what would happen if Trump decided to crash the coronation, or another uninvited celebrity. :-) Or was I too subtle? LOL But I like your answer!
 

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