Trump Failed to Bail Himself Out of Rape Case With Mistrial Request
Donald Trump’s asked for a mistrial as the E. Jean Carroll rape trial enters its second week. Joe Tacopina filed the request early Monday morning, arguing that Judge Lewis Kaplan has made “pervasive unfair and prejudicial rulings” against the former president.
Judge Kaplan rejected the request later on Monday.
Tacopina alleged that the trial, which began in New York City last week, is already “replete with numerous explains of Defendant’s unfair treatment by the Court.” He wants the court to “correct the record for each and every instance in which the Court has mischaracterized the facts of this case to the jury.”
Carroll, a writer who says Trump raped her in a department store dressing room in the ’90s, has sued the former president for both defamation, in response to his attacks against her after she made the accusation in 2019, and civil battery.
Carroll delivered powerful testimony in the trial’s opening days last week.
“I’m here because Donald Trump raped me,” she said on Wednesday. “When I wrote about it, he said it didn’t happen. He lied and shattered my reputation, and I’m here to try and get my life back.”
Carroll stood her ground when Tacopina cross-examined her a day later. “Not ‘supposedly,'” Carroll responded when the Trump lawyer qualified the alleged assault. “I was raped.”
Tacopina continued to press her, asking why she didn’t scream during the assault. “I’m not a screamer,” she replied. “You can’t beat up on me for not screaming.” She then took Tacopina to task for the question. “Women don’t come forward,” she said. “One of the reasons they don’t come forward is because they’re always asked, ‘Why didn’t you scream?’ I’m telling you, he raped me whether I screamed or not.”
In the mistrial request, Tacopina alleged Judge Kaplan was siding with Carroll by sustaining objections to Tacopina’s lines of questioning. Judge Kaplan deemed some of Tacopina’s questions “argumentative,” questions Tacopina alleged in the request are “well-established and accepted” ways to cross-examine a witness.