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NEW YORK, May 1 (AP) — Former President Donald Trump’s lawyers on Monday called for a mistrial in his client’s rape case, saying the judge overseeing civil lawsuits in federal court had made a biased judgment against Trump. ruling.
In a letter to the judge, attorney Joe Tacopina cited Judge Lewis A Kaplan’s “pervasively unfair and biased rulings” as part of his request for a mistrial basis.
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Because of mistrials, which are rarely granted despite being often requested at times in trials, Tacopina is more likely to want the judge to grant a version of his substitution request.
Among those, Tacopena asked Kaplan to correct the record for any rulings that mischaracterized the evidence, or to allow Tacopena greater latitude in challenging E Jean Carroll, a columnist whose sued Trump in November under New York state law that allows victims of sexual assault to temporarily sue others for assaults that occurred decades ago.
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Carroll, 79, testified in a trial that began last week that Trump raped her in the dressing room of the Bergdorf Goodman department store in midtown Manhattan, likely in the spring of 1996.
A chance encounter brought the two together in a fun and flirtatious episode, until Trump turned violent in the dressing room, she said.
Trump, 76, has long denied that the rape occurred, that he was at the store with Carole, or that he even knew her in group photos in other years.
While Trump’s barrage of public denials and insults prompted Carroll to add defamation charges to the lawsuit, Trump also insisted that Carroll was doing it for political reasons and wanted to sell the 2019 document in which she first publicly disclosed she was raped. A copy of the 2018 memoir purports to have been made while Trump was still president.
Carroll testified that if it weren’t for the #MeToo movement that drew attention in 2017, she would have kept her allegations a secret forever.
Carroll is expected to testify on Monday for a third day and to be cross-examined by Tacopina the next day. Trump did not attend the trial, which is expected to last a week.
During her testimony Thursday, the final day of the trial, Carroll was frustrated as Tacopina pressed her to say how she responded to his client’s attack.
“You can’t hit me because I’m not screaming,” Carroll told Tacopina forcefully. She explained in earlier testimony that she was “not a screamer – I was a fighter”.
She said that if she had lied about the attack, she would have told people she had screamed because “more people would have believed me.”
But, she stresses, “I don’t need an excuse not to scream.”
In Monday’s plea for misjudgment, Tacopina complained that the judge was asking Carroll to explain why she didn’t scream, why she didn’t tell police or later tried to retrieve footage from a camera in front of the store to prove that she and Tate Trump together.
The AP typically does not name people who say they have been sexually assaulted unless they come forward publicly, as Carroll did. (Associated Press)
(This is an unedited and auto-generated story from a Syndicated News feed, the content body may not have been modified or edited by LatestLY staff)
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