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USA | Sep 6, 2024

Trump’s lawyer says E. Jean Carroll verdict tainted by other women’s testimony

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Writer E. Jean Carroll speaks to the press as she leaves the 2nd U.S. Circuit Court of Appeals, where former U.S. President Donald Trump is asking a federal appeals court to overturn a $5 million jury verdict finding him liable for sexually assaulting and defaming her, who accused Trump of raping her nearly three decades ago, in Manhattan, New York, U.S., September 6, 2024. REUTERS/Adam Gray

NEW YORK (Reuters)

A lawyer for Donald Trump asked a federal appeals court on Friday to overturn a $5 million jury verdict finding Trump liable for sexually assaulting and defaming the writer E. Jean Carroll, who accused him of raping her nearly three decades ago.

Much of the oral arguments before the 2nd U.S. Circuit Court of Appeals in Manhattan turned on a claim by Trump’s lawyer that the trial judge should not have let other women testify that the Republican presidential nominee sexually mistreated them decades ago.

Wearing a blue suit and red tie, Trump showed little emotion during the arguments, but shook his head when Carroll’s lawyer Roberta Kaplan accused him of a pattern of “chatting up” women before he “pounced” on them.

Rise and Resist protesters hold signs before former U.S. President Donald Trump is expected to arrive to ask a federal appeals court to overturn a $5 million jury verdict finding him liable for sexually assaulting and defaming the writer E. Jean Carroll, who accused Trump of raping her nearly three decades ago, at the 2nd U.S. Circuit Court of Appeals in Manhattan, New York, U.S., September 6, 2024. REUTERS/Adam Gray

The panel of three judges, all appointed to the bench by Democratic presidents, did not say when it would rule.

Trump is appealing a May 2023 civil verdict stemming from his alleged mid-1990s encounter with Carroll in a Bergdorf Goodman department store dressing room in Manhattan, and an Oct. 2022 Truth Social post where he called Carroll’s claim a hoax.

Jurors awarded the former Elle magazine advice columnist a respective $2.02 million and $2.98 million for her sexual assault and defamation claims.

A different jury ordered Trump in January to pay Carroll $83.3 million for having defamed her and damaging her reputation in June 2019 after she first accused him of rape.

In both denials, Trump said he didn’t know Carroll, that she was “not my type,” and that she made up her story to promote her memoir.

Both trials were overseen by U.S. District Judge Lewis Kaplan, who is not related to Roberta Kaplan. Trump is separately appealing the $83.3 million verdict.

Carroll also attended Friday’s arguments, wearing a dark blazer and suit with a navy blue hair ribbon. She and her lawyers did not talk with reporters after arguments ended.

‘He said, she said’

Writer E. Jean Carroll leaves the 2nd U.S. Circuit Court of Appeals, where former U.S. President Donald Trump is asking a federal appeals court to overturn a $5 million jury verdict finding him liable for sexually assaulting and defaming her, who accused Trump of raping her nearly three decades ago, in Manhattan, New York, U.S., September 6, 2024. REUTERS/Adam Gray

Trump criticized Judge’s Kaplan’s admission of testimony from two accusers, Jessica Leeds and Natasha Stoynoff.

Leeds said Trump groped her on a plane in the late 1970s, while Stoynoff said he forcibly kissed her at his Mar-a-Lago estate in 2005.

John Sauer, a lawyer for Trump, called the case “a textbook example of implausible allegations being propped up by highly inflammatory, inadmissible propensity evidence.”

He also called the case “a quintessential he said, she said case” brought by a woman with a political motive to hurt Trump — Carroll is a Democrat — and funded by Trump’s enemies.

Circuit Judge Denny Chin cautioned, however, that “it’s very hard to overturn a jury verdict based on evidentiary rulings.”

Sauer also objected to Judge Kaplan’s letting jurors see a 2005 “Access Hollywood” video where Trump graphically described how famous people like himself could have sexual relations with beautiful women.

Carroll’s lawyer Kaplan said Trump had a habit of allowing “pleasant chatting” with women to spiral out of control, and then strongly denying their accusations he did anything wrong.

Circuit Judge Susan Carney asked her for assurance that the jury wasn’t unduly affected by Leeds’ testimony, if her accusations proved “too remote (and) too unlike the circumstances that your client alleged.”

Kaplan said she could. “I was going through the evidence at trial,” she said. “It was incredibly powerful.”

Though the first jury stopped short of finding that Trump raped Carroll, Judge Kaplan said its verdict made Trump’s June 2019 denial defamatory, leading to the $83.3 million verdict.

Carroll’s cases are separate from multiple criminal cases against the former U.S. president.

Trump has yet to be sentenced in Manhattan state court in a hush money case, after being convicted in May of falsifying business records to cover up a payment to silence a porn star ahead of the 2016 election.

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