{"id":583438,"date":"2023-07-19T16:52:43","date_gmt":"2023-07-19T13:52:43","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/judge-denies-trumps-request-for-new-trial-in-e-jean-carroll-case\/"},"modified":"2023-07-19T16:52:43","modified_gmt":"2023-07-19T13:52:43","slug":"judge-denies-trumps-request-for-new-trial-in-e-jean-carroll-case","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/judge-denies-trumps-request-for-new-trial-in-e-jean-carroll-case\/","title":{"rendered":"#Judge denies Trump\u2019s request for new trial in E. Jean Carroll case"},"content":{"rendered":"<p><img decoding=\"async\" src=\"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/06\/Trump-Carroll-2023.png?w=900\" \/><\/p>\n<div>\n<p>A federal judge Wednesday rejected former President Trump\u2019s request for a new trial after a jury found him liable for sexually abusing and defaming writer E. Jean Carroll.<\/p>\n<p>U.S. District Judge Lewis Kaplan, an <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/download-scripts-themes-apps\/\" data-internallinksmanager029f6b8e52c=\"9\" title=\"Download Scripts &amp; Themes &amp; Apps\" target=\"_blank\" rel=\"noopener\">app<\/a>ointee of former President Clinton, said the jury\u2019s verdict was not seriously erroneous or a serious miscarriage of justice, rejecting Trump\u2019s claim that the $5 million in damages he was ordered to pay was excessive and other arguments.<\/p>\n<aside class=\"ad-unit ad-unit--mr1_ab\"><\/aside>\n<p>\u201cThere is no basis for disturbing the jury\u2019s sexual assault damages,\u201d Kaplan wrote in the <a rel=\"nofollow noopener\" target=\"_blank\" href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.nysd.590045\/gov.uscourts.nysd.590045.212.0_1.pdf\">59-page ruling<\/a>. \u201cAnd Mr. Trump\u2019s arguments with respect to the defamation damages are no stronger.\u201d<\/p>\n<p>The nine-member jury found Trump liable in May for sexually abusing Carroll, a longtime advice columnist, in the mid-1990s at a New York City department store. The jury also found him liable for later defaming Carroll in an October 2022 statement denying her story.<\/p>\n<p>The former president, who has denied Carroll\u2019s claims, is separately appealing the verdict. He also faces another lawsuit from Carroll \u2014 set to go to trial in January \u2014 in which Trump is accused of defaming Carroll during his presidency when the writer initially came forward with her story.<\/p>\n<p>In asking for the new trial, Trump noted that the jury found him liable for sexual abuse rather than rape, which are both forms of sexual battery but have different definitions under New York law. Carroll has long described the incident as rape, including after the verdict.<\/p>\n<p>\u201cThe definition of rape in the New York Penal Law is far narrower than the meaning of \u2018rape\u2019 in common modern parlance, its definition in some dictionaries, in some federal and state criminal statutes, and elsewhere,\u201d Kaplan ruled. \u201cThe finding that Ms. Carroll failed to prove that she was \u2018raped\u2019 within the meaning of the New York Penal Law does not mean that she failed to prove that Mr. Trump \u2018raped\u2019 her as many people commonly understand the word \u2018rape.\u2019 Indeed, as the evidence at trial recounted below makes clear, the jury found that Mr. Trump in fact did exactly that.\u201d<\/p>\n<p>Kaplan said the $2 million in damages the jury ordered for the sexual battery count \u201cdid not deviate materially from reasonable compensation so as to make it excessive.\u201d<\/p>\n<aside class=\"ad-unit ad-unit--mr2_ab\"><\/aside>\n<p>The Hill has reached out to a Trump attorney for comment.<\/p>\n<p>\u201cNow that the court has denied Trump\u2019s motion for a new trial or to decrease the amount of the verdict, E Jean Carroll looks forward to receiving the $5 million in damages that the jury awarded her in Carroll II,\u201d said Carroll\u2019s lawyer,\u00a0Roberta Kaplan, who is not related to the judge. \u201cShe also looks forward to continuing to hold Trump accountable for what he did to her at the trial in Carrol I, which is scheduled to begin on January 15, 2024.\u201d<\/p>\n<p>Trump\u2019s attorneys, however, have further contended the damages he was ordered to pay for Carroll\u2019s defamation claim was also excessive, citing an expert witness Carroll called, professor Ashlee Humphreys, during the trial.<\/p>\n<aside class=\"ad-unit ad-unit--mr3_ab\"><\/aside>\n<p>\u201cThe jury considered all of Professor Humphreys\u2019s testimony, including the purported flaws Mr. Trump\u2019s counsel attempted to draw out on cross examination and in summation, and determined that her testimony still was worthy of sufficient weight to reach the $1.7 million it awarded for the reputation repair program,\u201d Kaplan ruled. \u201cNone of Mr. Trump\u2019s challenges to that testimony, considered separately or collectively, supports a determination that the jury\u2019s compensatory damages award was seriously erroneous, egregious, or against the weight of the evidence.\u201d<\/p>\n<\/div>\n<p>Copyright 2023 Nexstar <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/social-mediaa\/\" data-internallinksmanager029f6b8e52c=\"1\" title=\"Social Media\" target=\"_blank\" rel=\"noopener\">Media<\/a> Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.<\/p>\n<blockquote><p><strong><span style=\"color: #ff6600;\">If you liked the article, do not forget to share it with your friends. Follow us on\u00a0<span style=\"color: #ff0000;\"><a style=\"color: #ff0000;\" href=\"https:\/\/news.google.com\/publications\/CAAqBwgKMLG0nwswvr63Aw\" target=\"_blank\" rel=\"nofollow noopener noreferrer\">Google News<\/a><\/span>\u00a0too, click on the star and choose us from your favorites.<\/span><\/strong><\/p><\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\">For forums sites go to <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/forum.buradabiliyorum.com\/\" target=\"_blank\" rel=\"noopener\">Forum.BuradaBiliyorum.Com<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\"><strong>If you want to read more <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/news\/\" data-internallinksmanager029f6b8e52c=\"2\" title=\"News\" target=\"_blank\" rel=\"noopener\">News<\/a> articles, you can visit our <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/en.buradabiliyorum.com\/news\/\" target=\"_blank\" rel=\"noopener\">News category.<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<p><span style=\"color: black;\"><a style=\"color: #ff9900;\" href=\"https:\/\/thehill.com\/regulation\/court-battles\/4105346-judge-denies-trumps-request-for-new-trial-in-e-jean-carroll-case\/\" target=\"_blank\" rel=\"noopener\">Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A federal judge Wednesday rejected former President Trump\u2019s request for a new trial after a jury found him liable for sexually abusing and defaming writer E. Jean Carroll. U.S. District Judge Lewis Kaplan, an appointee of former President Clinton, said the jury\u2019s verdict was not seriously erroneous or a serious miscarriage of justice, rejecting Trump\u2019s&#8230;<\/p>\n","protected":false},"author":1,"featured_media":583439,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/06\/Trump-Carroll-2023.png?w=1280","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[134417,117,135189,134353,77015,4941,138451,134447,80445,90482,133498,144579,142975],"class_list":["post-583438","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-blog-briefing-room","tag-business","tag-clinton","tag-court-battles","tag-defamation","tag-donald-trump","tag-e-jean-carroll","tag-energy-and-environment","tag-healthcare","tag-house","tag-in-the-know","tag-judge-lewis-kaplan","tag-roberta-kaplan"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/583438","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=583438"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/583438\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/583439"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=583438"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=583438"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=583438"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}