OAN Brooke Mallory
UPDATED 3:15 PM – Monday, May 1, 2023
In the lawsuit brought forth by writer E. Jean Carroll, a New York federal judge rejected Trump’s request for a mistrial on Monday. Carroll alleged that former President Donald Trump had sexually assaulted her in a Manhattan department store in the 1990s.
Hours before Carroll’s second day of cross-examination began, Trump’s attorney Joe Tacopina filed an 18-page complaint accusing the case’s U.S. District Judge Lewis Kaplan of making “pervasive unfair and prejudicial rulings” against his client.
Tacopina asked Kaplan to “correct the record for each and every instance in which the Court has mischaracterized the facts of this case to the jury” and give Trump’s counsel “greater latitude” to cross-examine Carroll, barring a finding of a mistrial.
In his writing, Tacopina said that Kaplan’s “one-sided rulings” showed “a deeper leaning towards one party over another,” including remarks that showed “favoritism.”
“Here, despite the fact trial testimony has been underway for only two days, the proceedings are already replete with numerous examples of Defendant’s unfair treatment by the Court, most of which have been witnessed by the Jury,” the letter said.
A court official confirmed that Kaplan refused the request on Monday morning just before the jury was called in to hear Carroll’s evidence.
Her attorneys did not immediately respond to the press’ request for comment.
Carroll had testified against Trump in her lawsuit last week, announcing to the jury, “I’m here because Trump raped me.”
Carroll alleged that Trump had assaulted her in 1995 or 1996 at a Bergdorf Goodman store on Fifth Avenue in New York City, after exchanging “playful banter.” In the lawsuit, Carroll claims that Trump “seized” her, “forced her up against a dressing room wall, pinned her in place with his shoulder, and raped her.”
Last week, at the civil trial in federal court in lower Manhattan, Carroll alleged that after coming forward with her charges in 2019, Trump lied and shattered her reputation. She maintained that she is now “trying to get her life back”.
Throughout the trial, Trump had repeatedly refuted Carroll’s claims, most recently in posts on his Truth Social social media platform.
Tacopina objected to Kaplan’s decision which prevented him from questioning Carroll about why she chose not to request security camera footage from Bergdorf Goodman in his motion for a mistrial.
“[P]roof that Plaintiff never attempted to determine if such footage of the parties existed constitutes circumstantial evidence that her accusation is false,” Tacopina wrote.
Tacopina asked for a mistrial after Carroll argued with him last week during cross-examination. Why didn’t she “scream for help” during the alleged assault, Tacopina questioned.
“I’m not a screamer. I was in a panic, fighting,” Carroll said, becoming visibly overwhelmed. “You can’t beat up on me for not screaming.”
Trump has been involved in a number of legal disputes, including Carroll’s lawsuit. He was charged last month by Manhattan District Attorney Alvin Bragg on 34 counts of falsifying business records because of his involvement in alleged hush money payments just before the 2016 presidential election. Trump has entered a not-guilty plea to the accusations.
However, Trump supporters still remain loyal to him no matter what, with recent polls showing that he is still the leading Republican presidential candidate for the 2024 election.
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