By LARRY NEUMEISTER (Associated Press)
NEW YORK (AP) — A jury in New York City started deliberating Tuesday within the lawsuit introduced by columnist E. Jean Carroll, who alleges that Donald Trump raped her in a luxurious Manhattan division retailer in 1996.
U.S. District Judge Lewis A. Kaplan learn directions on the regulation to the nine-person jury earlier than the panel started discussing Carroll’s allegations of battery and defamation shortly earlier than midday.
If they imagine Carroll, jurors can award compensatory and punitive damages. Trump, who didn’t attend the trial, has insisted he by no means sexually assaulted Carroll and even knew her.
Kaplan informed jurors that the primary query on the decision kind might be to determine whether or not they assume there may be greater than a 50% probability that Trump raped Carroll inside a retailer dressing room. If they reply sure, they are going to then determine whether or not compensatory and punitive damages must be awarded.
If they reply no on the rape query, they’ll then determine if Trump subjected her to lesser types of assault involving sexual contact with out her consent or forcible touching to degrade her or gratify his sexual want. If they reply sure on both of these questions, they are going to determine if damages are acceptable.
On defamation claims stemming from an announcement Trump made on social media final October, Kaplan mentioned jurors have to be guided by the next authorized commonplace — clear and convincing proof. He mentioned they must agree it was “highly probable” that Trump’s assertion was false and was made maliciously with deliberate intent to injure or out of hatred or unwell will with reckless disregard for Carroll’s rights.
Meanwhile, Trump posted a brand new message on social media, complaining that he’s now awaiting the jury’s resolution “on a False Accusation.” He mentioned he’s “not allowed to speak or defend myself, even as hard nosed reporters scream questions about this case at me.”
Trump mentioned he is not going to communicate till after the trial, “but will appeal the Unconstitutional silencing of me … no matter the outcome!”
Trump by no means attended the trial, which is in its third week, and rejected an invite to testify, which the decide prolonged via the weekend even after Trump’s lawyer, Joe Tacopina, mentioned Thursday that his consumer wouldn’t testify.
Tacopina informed the jury in closing arguments Monday that Carroll’s account is simply too far fetched to be believed. He mentioned she made it as much as gasoline gross sales of a 2019 memoir during which she first publicly revealed her claims and to disparage Trump for political causes.
Carroll’s lawyer, Roberta Kaplan, cited excerpts from Trump’s October deposition and his infamous feedback on a 2005 “Access Hollywood” video during which he mentioned celebrities can seize ladies between the legs with out asking.
She urged jurors to imagine her consumer.
“He didn’t even bother to show up here in person,” Kaplan mentioned. She mentioned a lot of what he mentioned in his deposition and in public statements “actually supports our side of the case.”
“In a very real sense, Donald Trump is a witness against himself,” she mentioned. “He knows what he did. He knows that he sexually assaulted E. Jean Carroll.”
Carroll, 79, testified that she had an opportunity encounter with Trump on the Bergdorf Goodman retailer throughout the road from Trump Tower. She mentioned it was a lighthearted interplay during which they teased one another about attempting on a bit of lingerie earlier than Trump turned violent inside a dressing room.
Tacopina informed jurors there was no motive to name Trump as a witness when Carroll can’t even recall when her encounter with Trump occurred.
He informed the jury Carroll made up her claims after listening to a couple of 2012 “Law and Order” episode during which a lady is raped within the dressing room of the lingerie part of a Bergdorf Goodman retailer.
“They modeled their secret scheme on an episode of one of the most popular shows on television,” he mentioned of Carroll.
Two of Carroll’s associates testified that she informed them in regards to the encounter with Trump shortly after it occurred, a few years earlier than the “Law and Order” episode aired.
Source: www.bostonherald.com”