Former President Donald Trump’s lawyer requested a mistrial Monday in E. Jean Carroll’s civil rape case towards the ex-commander-in-chief – citing “pervasive unfair and prejudicial rulings” by the Manhattan federal court docket decide.
Lawyer Joe Tacopina stated in a letter obtained by The Publish that he would ask Choose Lewis Kaplan to “appropriate the file for each occasion during which the Court docket has mischaracterized the info of this case to the jury” or present him larger leeway in cross-examining Carroll.
“Right here, regardless of the very fact trial testimony has been underway for less than two days, the proceedings are already replete with quite a few explains of Defendant’s unfair therapy by the Court docket, most of which has been witnessed by the Jury,” he wrote.
Carroll, 79, testified final week that Trump raped her within the dressing room of a Bergdorf Goodman division retailer in midtown Manhattan, almost definitely within the spring of 1996.
She has alleged that he defamed her when he denied her declare, stated she wasn’t his kind, and recommended she concocted the story to spice up gross sales of her 2019 memoir.
The previous president has denied any wrongdoing.
Carroll will take the stand Monday for a second day of cross-examination by Tacopina, who argued that he ought to have been allowed to discover why she didn’t pursue safety footage from the shop and why she didn’t go to the police after the alleged incident.
“[P]roof that Plaintiff by no means tried to find out if any such footage of the events existed constitutes circumstantial proof that her accusation is fake,” he stated within the latter.
The lawyer additionally questioned Kaplan’s admonishment of a social media put up by Eric Trump that exposed LinkedIn founder Reid Hoffman is funding Carroll’s case.
“Eric Trump’s tweet was both factually correct or protected opinion,” Tacopina wrote.
Carroll has testified that she would have saved her allegation secret perpetually if not for the #MeToo motion, which gained prominence in 2017.
Throughout testimony final week, she grew annoyed as Tacopina pressed her on how she claims she reacted to an assault from Trump.
“You may’t beat up on me as a result of I didn’t scream,” Carroll advised him after insisting earlier that she was “not a screamer — I’m a fighter.”
In his mistrial request, Tacopina additionally complained that the decide shut down his questioning when he pushed Carroll to elucidate why she didn’t scream.
A rep for Carroll declined to remark to The Publish.
