Adam Klasfeld Profile picture
May 5 6 tweets 2 min read Twitter logo Read on Twitter
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E. Jean Carroll's lawyers want the judge to instruct jurors that there's no evidence in the record that a Law & Order SVU episode referring to a rape inside Bergdorf Goodman "actually exists."

The proposed instruction.

Background: lawandcrime.com/live-trials/e-… Image
During cross-ex, Trump's lawyer Joe Tacopina grilled E. Jean Carroll about an email she received about the episode. She denied watching it.

So that email, her attorneys say, is "hearsay." It's also the only exhibit about that episode.

Here's the upshot. During Trump’s cross examin...
Context:

In 2012, Law & Order SVU ran an episode, "Theater Tricks," in which a character had a line describing a rape *fantasy* inside a Bergdorf Goodman.

The episode didn't involve a rape in that store.

Carroll's lawyers note the only exhibit citing it is a 'hearsay' email.
So any evidence about the existence, plot and dialogue of that episode isn't before the jury, the argument goes.

We'll see how Judge Kaplan rules before closing arguments.

Trump's lawyers will surely respond.
Read the full letter requesting the jury instruction deflating the Law & Order episode in question here. storage.courtlistener.com/recap/gov.usco…
Tl;dr—

The episode exists.

It's less similar to Carroll's case than advertised.

But Trump's team probably didn't adequately prove it exists before resting their case — so they might not be able to tell the jury it exists.

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More from @KlasfeldReports

May 8
Good morning from New York.

Before closing arguments kick off in E. Jean Carroll v. Trump, the attorneys are hashing out jury instructions at a pre-trial conference.

Follow along at @lawcrimenews.
One issue that Trump lost already:

His attorneys objected to an instruction on the ex-president's financial condition, arguing the jury received no evidence about it.

Carroll's team argued that the jury heard evidence that Trump's a "star" and business owner.

Judge agreed.
Arguments turn to the Law & Order episode dispute.

Carroll's attorneys want an instruction that there's no evidence about the existence of the show.

Recap in this thread:
Read 26 tweets
May 4
E. Jean Carroll rests her case.
Before that moment

A federal judge sustained an objection to the admission of a piece of evidence E. Jean Carroll's team wanted to introduce into evidence.

The judge says Carroll can try introducing it again "in the event that Mr. Trump, for any reason, testifies in this case."
From that remark, it would seem that door appears to be open.
Read 8 tweets
May 4
Finally, an expert offers a damages estimate in E. Jean Carroll v. Trump:

$368,183.78 (low) to $2,763,107.82 (high)

That's before punitive damages, @lawcrimenews
Carroll's legal team coyly avoided assigning a damages estimate at trial, until now.

We still need to find out their final ask for other category of damages.
Also, to emphasize again, this is the ask — as calculated by the plaintiff's expert.
Read 4 tweets
May 4
Good morning from New York.

This is expected to be the last day of witness testimony in E. Jean Carroll v. Donald Trump. She's planning to rest her case today; he isn't planning to present a defense case.

Follow every wrinkle for the last time until summations, @lawcrimenews.
For those who heard Trump's claim that he's going to fly in from Ireland to "confront" Carroll in New York, reporter @molcranenewman sets you straight, via the ex-president's lawyer.
“And I have a judge who’s extremely hostile,” Trump adds.

One wonders whether this whole presser will come up in court.
Read 18 tweets
May 3
Now in E. Jean Carroll v. Trump:

The videotaped deposition of former President Donald Trump is shown to the jury.
In the deposition, Trump struggles to remember the years of his marriage to Marla Maples, his second wife.
Q: Did you have occasion to go to the store Bergdorf Goodman?
A: Very rarely.
Read 8 tweets
May 3
Now —

The "Access Hollywood" tape is being played in court during E. Jean Carroll v. Trump, during the testimony of Natasha Stoynoff.
Stoynoff says she was "sick to my stomach" when she saw that tape, then thought:

"Oh, he does this to a lot of women. It's not just me. It's not something I did."

She tearfully adds:

"I worried that because I didn't say anything at the time that other women were hurt by him."
Stoynoff describes her reaction to Trump's "locker room talk" denial to Anderson Cooper about the tape during the 2016 presidential debate:

"I just felt very upset that he was lying to the American people."
Read 5 tweets

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