E. Jean Carroll v. Donald J. Trump and United States of America (poll added!)

[AndyinPA]

Very.

[Greatgrey]

They will lose this last minute untimely motion. How desperate is Trump?

Now they want to bring their own recording equipment into jury selection.

I’m looking for a DENINED in 3….2….1

[Luke]

MAGA World is really working overtime to entertain us this week, the coping, desperation, and seething are far better than their usual fare. Keep up the good work. Thanks for the stationary link, Stern, you're right. These folks haven't had an original idea in a very long time.

I'm with Kimmel:

Jimmy Kimmel described Trumps newest lawyer, Joe Tacopina, as being “born in the ashtray of Rudy Giuliani’s Lincoln Continental”. He also says “Ralph Macchio had better representation in My Cousin Vinny”

[RVInit]

MeidasTouch lawyers say Joe Taco is intentionally trying to rile the judge to create opportunities for mistrial. Not sure if they meant mistrial would be due to Judge being so annoyed he's make some error, or if the idea is to behave so badly (like bringing up topics the judge has said are not coming in) that judge will offer mistrial to EJ Caroll's team.

Both seem unlikely to me, although they were both mentioned at some point, so maybe it's something else.

Anyway, the point is that they think Joe Taco is being an ass in the hope of gaining some advantage.

I first became aware of Joe Taco a dozen years ago when he was representing Joran van der Sloot. He was a scuzzbag then, too. It wasn't just his lies, it was the uber heavy-handed denial of the facts of the case. And of course, coming across as a dumb fuck. But I assume that is intentional, to keep people from wanting to be in the same room with him, where they might be able to point out his awfulness.

Oh wow. I had no idea he had represented Van der Sloot. Is that guy still in prison? He got what I thought was a fairly short sentence for murder.* He is pretty much the only suspect in the disappearance of Natalie Holloway as well. I believe his father helped him dispose of her body out in the ocean, the two of them went out "fishing" pretty early in the AM, didn't take fishing gear, and came back, surprisingly, with no fish.

* I think sentences in other countries always seem short to me. In the USA we have a tendency to impose what I often think are terribly long sentences.

[Maybenaut]

Oh wow. I had no idea he had represented Van der Sloot. Is that guy still in prison? He got what I thought was a fairly short sentence for murder.* He is pretty much the only suspect in the disappearance of Natalie Holloway as well. I believe his father helped him dispose of her body out in the ocean, the two of them went out "fishing" pretty early in the AM, didn't take fishing gear, and came back, surprisingly, with no fish.

* I think sentences in other countries always seem short to me. In the USA we have a tendency to impose what I often think are terribly long sentences.

Or perhaps not surprisingly, what with the no fishing gear

[Luke]

One thing on this I hadn't connected on was one of the two people E Jean told was former WCBS television anchor Carol Martin. I remember Carol very well, she was a terrific anchor. She'll be a very credible witness.





https://www.dailymail.co.uk/news/articl ... Trump.html

[SuzieC]

https://abovethelaw.com/2023/04/team-tr ... VPmuJ9MeeA

Oh this is rich. Joe Taco wants to exclude the testimony of one of the other victims because Trump didn't grab her by the genitals.

[Dave from down under]

He would have, except someone walking in on him assaulting her..

[Luke]

Hilarious article, thanks for linking it! Sparklemagic lawyter

Team Trump Takes One More Stab At Pissing Off Judge Before Start Of E. Jean Carroll Defamation Trial
Cool strategy, bro.
By LIZ DYE on April 24, 2023 at 6:18 PM

On the eve of the E. Jean Carroll defamation trial, Trump’s lawyers are making one last push to maximally piss of Judge Lewis Kaplan before facing the jury.

The case was originally filed in 2019, and since then Trump has ducked process, removed to federal court, claimed that he was acting as president when he implied that Carroll was too unattractive to assault, moved to dismiss and postpone countless times, and generally made himself obnoxious to the court. Perhaps if he’d been less obstreperous and more inclined to turn his homework in on time, he’d have gotten a better reception back in March when his sparklemagic lawyer Alina Habba filed a bizarre motion to exclude evidence from Natasha Stoynoff and Jessica Leeds, two other women who accused Trump of making unwanted sexual advances, on the grounds that perhaps he hadn’t grabbed them by the genitals. She also sought to exclude the “Access Hollywood” tape where he famously bragged about his habit of grabbing women by the genitals.

Judge Kaplan rejected that motion, finding that the testimony and tape were pertinent under the Rule 415 FRE exception for propensity evidence in the case of sexual assault. He also found that the motion was untimely.
***
Unsurprisingly, Judge Kaplan yeeted this one into the sun:

Added both Court Listener dockets to https://www.protopage.com/birthers. Geez, between the rape, Dominion & Brunson cases, the Protopage is like a window into the criminality and outrageous behavior of MAGAts. What a shock.

[Luke]

158 Apr 25, 2023 Main Doc Order

https://storage.courtlistener.com/recap ... .158.0.pdf

157 Apr 24, 2023
ORDER terminating 121 Motion in Limine. In these circumstances, the motion to preclude defendant from offering evidence or making arguments prohibited by Fed. R. Evid. 412 (Dkt 121) is granted for the obvious reason that defendant should not be permitted to violate the rule. Given the manner in which this motion has been briefed, however, determination of what evidence and argument is precluded by Rule 412 will have to be determined at trial. Both sides might be well advised to exercise judgment about the content of their opening statements to avoid objections from opposing counsel.. (Signed by Judge Lewis A. Kaplan on 4/24/2023) (Mohan, Andrew) (Entered: 04/24/2023)

Main Doc Order on Motion in Limine https://storage.courtlistener.com/recap ... .157.0.pdf

[Luke]

12:30 pm CNN update: It's a civil case (so it's E Jean vs the state on a criminal charge). Jury selection moving forward, looks like 6 jurors and they do not have to be unanimous. The voir dire includes asking if anybody feels strongly about QAnon and other stuff, but nobody raised their hands. When they asked if anybody felt strongly about MeToo, one person raised a hand and was excused. They may get to opening statements later today.

[Foggy]

[realist]

They will lose this last minute untimely motion. How desperate is Trump?

Now they want to bring their own recording equipment into jury selection.

I’m looking for a DENINED in 3….2….1

That's not how I read the letter. It refers to using it to play to witnesses and refreshing witness's memories, etc., and specifically states outside the hearing of the jury. I don't see where they are wishing to record voir dire. There aren't any witnesses till after jury selection.

[Suranis]

On the face of it, it's not an unreasonable request.

Of course we are not dealing with reasonable people.

[Luke]

1:20 pm CNN update: 9 jurors have been selected. E Jean can bring her 2 friends she told at the time (including Carol Martin), 2 other women that claim Trump abused them, to testify. Plus show the Access Hollywood tape (those were all pre-trial victories for E Carroll). So here we go.

[bob]

ORDER terminating 121 Motion in Limine. In these circumstances, the motion to preclude defendant from offering evidence or making arguments prohibited by Fed. R. Evid. 412 (Dkt 121) is granted for the obvious reason that defendant should not be permitted to violate the rule.

"For completeness," Fed. R. Evid. 412 precludes evidence of a victim's other sexual behavior or sexual predisposition.

[W. Kevin Vicklund]

Well, Trump is the victimmest victim to ever be victimmed.

[Tiredretiredlawyer]

“Victim” has been verbed!!!!!

[MN-Skeptic]

"For completeness," Fed. R. Evid. 412 precludes evidence of a victim's other sexual behavior or sexual predisposition.

But Trump's lawyers being Trump lawyers... will they still bring up the topic, knowing that it will be objected to, but still trying to bring doubt in to the minds of the jurors by just alluding to it?

[bob]

But Trump's lawyers being Trump lawyers... will they still bring up the topic, knowing that it will be objected to, but still trying to bring doubt in to the minds of the jurors by just alluding to it?

You mean like on, like, every episode of Law & Order?

Probably.

[Luke]

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OrlyLicious @Orly_licious 1m
Replying to @marlene4719
In the 90's I got to know Marla pretty well when she was in The Will Rogers Follies. I worked with Tommy Tune often (Tommy directed, AD Phil Oesterman put her in). She was a replacement for the wonderful Cady Huffman (who won the Tony). #CarrollVTrump

Marlene Robertson @marlene4719 3h
Pictured are photos of Marla Maples and E Jean Carroll in their younger days. The similarities between the two are staggering……So much for tRump claiming E Jean is not his type.

Tony - Resistance @TonyHussein4 2h
E. Jean Carroll civil rape trial will hear from second sexual assault accuser, Natasha Stoynoff. While Donald Trump is on trial for rape, President Joe Biden is on Air Force One. What a contrast between former President Trump and President Biden!

[Flatpoint High]

However did taxes cheat handle not being the Center?

[RVInit]

Hi Orlylicious!

Off Topic

I love Tommy Tune! I saw him in Bye Bye Birdie in Baton Rouge, LA.

[RTH10260]

‘Fear and shame’: jury hears opening arguments in Trump civil assault trial
Writer E Jean Carroll is suing former president for battery and defamation for allegedly assaulting her at a store in 1996

Chris McGreal in New York
Wed 26 Apr 2023 02.07 BST

Donald Trump’s lawyer told a New York jury on Tuesday that the advice columnist E Jean Carroll conspired with other women to falsely accuse the former president of rape because they “hate” him for winning the 2016 election.

The opening day of a civil trial in a Manhattan federal court heard that Carroll is suing Trump for battery and defamation “to clear her name, to pursue justice and to get her life back” after the former president allegedly raped her in a New York department store in 1996 and then denied it years later.

But Trump’s lawyer, Joseph Tacopina, told the jury of three women and six men that Carroll filed the lawsuit for political ends, to sell a book and for public attention.

Tacopina said that the rape accusation was invented by Carroll and two other women who are expected to testify that she told them about the assault shortly afterwards.

“They schemed to hurt Donald Trump politically,” he said.

Tacopina suggested to the jury that Carroll first accused then president Trump of rape after meeting George Conway who was a vocal critic who was married to Kellyanne Conway, one of the president’s closest aides in the White House. The judge upheld an objection to the claim by Carroll’s lawyers. It is not clear if Tacopina will return to it when Carroll gives evidence.

Carroll accuses Trump of assaulting her in a dressing room of the New York department store Bergdorf Goodman in 1996 after they ran into each other at the entrance and he asked for help in choosing a present for a friend.

Carroll sat stony faced at the front of the courtroom as her lawyer, Shawn Crowley, told the jury that Trump manoeuvred her client into a dressing room and then attacked her. The lawyer said Trump banged Carroll’s head against the wall, pinned her arms back with one hand, pulled her tights down with the other and then rammed his fingers into her vagina.

Crowley said that Carroll kicked Trump and tried to knee him off but he was too strong for her.

“He removed his hand and forced his penis inside her,” the lawyer told the jury.

Crowley addressed what she said would be two of the biggest questions on the jurors minds. Why did Carroll go into the dressing room with Trump? And why didn’t she report the alleged rape to the police at the time?




https://www.theguardian.com/us-news/202 ... al-day-one

[Kendra]