Friday, January 10, 2025

Trump Loses Appeal of Carroll Trial as Access Hollywood Put As Confession Not Propensity


By Matthew Russell Lee Patreon Book Substack

SDNY COURTHOUSE, Dec 30  – After the verdict against Donald Trump for $83.3 million in mostly punitive damages to E. Jean Carroll, Trump's lawyer wrote to the judge that "defense counsel learned for the first time of allegations that Your Honor, while a partner at the Paul Weiss firm, had a “mentor” type relationship with Plaintiff’s lead counsel, Roberta Kaplan."

 On September 6 when the appeal was heard - Inner City Press live tweeted it, below -- Roberta Kaplan told the three judges of the Second Circuit that Judge Kaplan was not her mentor. From the thread:

Trump's lawyer: The Access Hollywood tape should never had come in - Judge: In some cases, propensity evidence is allowed. Trump's lawyer: But not here. Judge: If defendant put his hand up her skirt, why wouldn't that qualify? Trump's lawyer: Look at Rogers case 

Roberta Kaplan: Mr. Trump is here today. He could have taken the stand. He did not put on a single witness. So we put in the Access Hollywood tape, he said, I grab women by the p*ssy Judge: Thank you for your time.

Trump's lawyer (rebuttal): You have to find that it did not influence the jury. You can't, with a straight face. The outcry witnesses were prejudiced, calling Mr. Trump herpes you can't get rid of. Judge: Isn't the Access Hollywood tape a confession?

Trump's lawyer: That's not how they used it. Judge: Your time has expired. We'll take this under advisement

On December 30, in a 77 page per curiam decision, the Second Circuit upheld the verdicts: "we conclude that Mr. Trump has not demonstrated that the district court erred in any of the challenged rulings. Further, he has not carried his burden to show that any claimed error or combination of claimed errors affected his substantial rights as required to warrant a new trial. Accordingly, and for the reasons set forth more fully below, we AFFIRM the judgment of the district court."

More on Substack here

Back on January 29 a very first book was published about the trial and what it might mean:

"Trump Trial II: Punitive Damages and Vow to Appeal: From the SDNY Trial to the 2024 Trail," by Matthew Russell Lee -  Ebook here (with audiobook and paperback ).  

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