Thread by @KlasfeldReports

Good morning from New York.

The testimony of E. Jean Carroll's psychological expert Leslie Lebowitz continues this morning. I'll be covering the proceedings for @lawcrimenews

https://twitter.com/KlasfeldReports/status/1653487089269309441

Carroll's attorney Roberta Kaplan notes that yesterday's testimony left off with the subject of PTSD.

Lebowitz says that a "high level of harm" is required for such a diagnosis.

"You're talking about a pretty severe mental illness, which is often chronic."

Lebowitz said that she did not diagnose Carroll with PTSD, but she noted that Carroll has symptoms associated with it, without meeting the full criteria.

Q: What happens to a person's brain when they are experience trauma?
A: When your brain is flooded with stress hormones, our normal functioning is altered.

Lebowitz says that Carroll's testimony about adrenaline surging through her body is consistent with that.

She notes that the flooding of the brains with stress hormones can override usual reactions.

"They don't scream, even if they're being raped" in a dressing room, she says.

Lebowitz:

"People with trauma tend to hyper-attend to certain elements, and ignore other ones."

It's also not uncommon for people to have detailed memories of what happened in the beginning, but forget how they got away.

Lebowitz, on fading memories of place and time of trauma:

"Those kind of details are context. They're the other things. Our brain doesn't hold on to things that at the time didn't seem important."

It holds onto things that seem "salient" or "life-threatening."

Testimony turns to intrusive memories.

"Intrusive memories are like flags that are planted where unresolved and traumatic memories lie. [...]

"You don't choose to think about it; it just enters."

Asked whether intrusive memories are associated with some sort of a trigger, Lebowitz says: "I think most of us would assume that there's some sort of a trigger, but one does not always know what it is."

Lebowitz cites the example of a combat veteran who has a panic attack, not knowing what the trigger was.

If the veteran passed a Vietnamese restaurant, and had trauma fighting in Vietnam, the smell of the food might be the trigger, she says.

And he might not know it.

Q: Does everyone respond to trauma the same way?
A: No, absolutely not.

Lebowitz on Carroll avoiding phrase "rape victim":

"Carroll, like most of us, doesn't want to be a victim, doesn't want to be pitied."

But more than others, she wants to be seen as giving advice to others.

"Stiff upper lip: Take an action, and put it behind you."

Lebowitz:

"I think that if you ask her what she believes is true: She would say no, I don't think a woman [should be held] responsible [for being raped]. "

But how she feels may be another question.

"That's how humans work."

Lebowitz on Carroll:

"I think she's an extremely resilient person."

Lebowitz on why Carroll kept going to Bergdorf Goodman:

"She didn't feel that Bergdorf Goodman raped her."

"She didn't blame the store. She blamed herself."

Lebowitz argues that Carroll watched The Apprentice so as not to feel hobbled professionally.

"To not watch The Apprentice in her social and professional circle at the time would stand out," she says.

Direct examination ends.

Morning recess for 15 minutes, then cross begins.

Trump's lawyer Chad Seigel starts cross, asking the witness to confirm her remuneration: $600 / hr.

(Context: Expert witnesses are usually paid, and that isn't an unusual rate.)

Seigel asks the expert about "malingering," or lying, and refers to a test called the MMPI, ostensibly used to measure it.

Lebowitz says she doesn't use it.

That's the same test Depp's expert used to try to discredit Heard. lawandcrime.com/live-trials/jo…

Seigel asks Lebowitz about the "objective" psychological tests to suss out malingering.

Lebowitz rejects the underlying premise.

Seigel asks Lebowitz if she's aware about Carroll keeping the dress for over 20 years.

"I am. I discussed it earlier."

He recites her testimony, with her psychological view of why she did.

Seigel: "The reason she told you she kept the dress was because it was expensive."

Lebowitz agrees that's true.

Seigel moves onto Carroll's "Apprentice" fandom.

Q: Did she tell you that she said on social media that she's a "massive" fan of the show?
A: No, but that's not inconsistent. She's exuberant.

Seigel asks about Lebowitz's testimony that Carroll doesn't have PTSD:

"If you're asking me if E. Jean Carroll meets full criteria of a major mental illness, the answer is no."

Q: There's no psychological, psychiatric, or therapeutic diagnosis to support Ms. Carroll's allegations in this case.

(Carroll's lawyers request a sidebar.)
(Granted)

Lengthy sidebar over. Judge Kaplan to Seigel:

"Next question, please."

Judge Kaplan has been testy today, sharply rebuking both sides during cross-ex. This time, he urges Seigel to move along.

"Tempus fugit. I apologize for the Latin. It means time is flying."

Seigel questions Lebowitz about her testimony that there's nothing inconsistent about a rape survivor not screaming.

He asks whether it's also consistent to scream.

From 40 years of clinical practice, Lebowitz said: "it's one of the least likely things to actually occur."

Lebowitz adds:

"Sure, some people scream. It's a good idea."

Lunch recess.