Posted on 05/01/2023 9:03:16 AM PDT by Red Badger
May 1 (UPI) -- Former President Donald Trump on Monday morning requested a mistrial in E. Jean Carroll's federal civil lawsuit against him, charging that U.S. District Judge Lewis Kaplan has made numerous "unfair" rulings against him
In an 18-page letter, Trump's lead attorney Joe Tacopina cited multiple rulings by Kaplan, which he said prejudiced the jury against the former president, who is accused of raping Carroll, a former Elle columnist, in a dressing room and harming her reputation by alleging her claims were false.
Tacopina alleged that Kaplan repeatedly sustained "improper" objections as he accused the Trump legal team of being "argumentative" and "repetitive" during their cross-examination of Carroll last week.
He claimed these objections "bolstered" Carroll's testimony.
Tacopina also said the court "mischaracterized evidence" including testimony by Cheryl Beall, who managed the Bergdorf Goodman store where the alleged rape occurred, in which she said she was "certain" the store had surveillance cameras at all of the entrance and exit doors.
He said Trump's legal team asserts the testimony is false as if it were true Carroll's interactions with Trump upon entering the store would have been captured on video and "would have significantly corroborated her story."
In one portion of the letter, Tacopina claimed that Carroll's testimony that Trump had accused her of being "a democratic operative" should allow the former president's legal team to raise questions on who is funding her legal efforts during the trial.
The letter also disputed Kaplan's warning that "remedies" beyond the court may be needed in response to tweets made by Trump's son, Eric Trump, during the trial that also questioned the funding of Carroll's legal efforts.
Tacopina wrote that "there was simply nothing wrong with Eric Trump's constitutionally protected free speech in the form of a tweet" noting that the statements were either "factually accurate or pure protected opinon."
If a mistrial is not declared, Tacopina wrote that the court should then "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."
Carroll described in detail a chance meeting she had with Trump at the New York City department store where she charged that the real estate mogul raped her in testimony in the case.
Trump has denied meeting Carroll and claimed that he does not know who she is. His attorneys last week told the jury Carroll's "story isn't true," saying she could not produce evidence or details including the date the alleged rape occurred.
Carroll filed the lawsuit in November, claiming Trump defamed her in a 2022 Truth Social post when he called her allegations a "hoax and a lie." She added the battery charge after New York passed the Adult Survivors Act, allowing victims to file civil suits beyond the criminal statute of limitations.
Trump is in trouble being at the mercy of this kangaroo court. He’s facing a prejudiced judge and a hostile jury. Not good.
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This needs to be thrown out of court and this woman needs to pay Trump’s attorney and President Trump for the smear it obviously is.
“Carroll described in detail a chance meeting she had with Trump at the New York City department store where she charged that the real estate mogul raped her in testimony in the case”
Every detail except the day, month, and year.
Not wanting to be remined...she kept the coat/dress she wore for almost 30 years and it's in an evidence bag.
The coat makes no sense...she was wearing tights. That's what Monica would have kept.
Such a lousy liar.
This is only a defamation case I believe. No finding as to the rape will be made.
Why does America have to suffer these grifters?
We live in a time when Judges are highly involved in corrupting trials. This is what happened to Durham. Judges hiding evidence and even forcing the selection of known to be impartial jurors. There are no more trials based on evidence.
He should countersue because she keeps going around making scurrilous statements.
No way Trump get a mistrial from the judge doing the misconduct.
who is durham please
I don’t like the sound of this.
The woman’s always right theory is getting greatly boosted in this trial.
I think Trump will lose given the proceedings up to this point. I have zero confidence in a manhattan jury being impartial.
aha, special prosecutor john durham?
what is the makeup of the jury? specifically, how many women are in the jury? and how many gay/trans men?
Yes, being raped in a public dressinbg room inside a clothing store without making any noise at all. no screeam, no resistance? No coroborating evidence of recent complainy after the alleged incident?
I reckon women must be very different in Manhattan.(sarc.)
I can imagine just how Kaplan shot down the real cross examination that needs to happen.
“So when the Defendant proeeded with his alleged assault did you make any noise or attempt to resist?”
(Hat Tip to Bob Hope)
How did THAT one get past the censors?...................😜
Trump’s lawyer is eviscerating her:
Let it go to the jury.
I'd bet my last nickel that nothing happened.
Bob Hope told that one in Prime Time in the 70’s regarding Gloria Vanderbilt and I was amazed that it got passed the censors. Laughed my butt off at the time.
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