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by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, May 9 – During the trial of E. Jean Carroll versus Donald Trump, both sides put in exhibits, but no defense exhibits were made available to the public or press, see Inner City Press filing and below.

 On May 9, after less than three hours of deliberation, the jury awarded E. Jean Carroll $5 million damages. Inner City Press live tweeted it, thread here

OK - Carroll v Trump, now jury instructions then deliberations to begin.

Jury entering!

Judge Kaplan: Ladies and gentlemen, in the course of my instructions I am going to explain the verdict form and the burden of proof and my final words to you will be with respect to the conduct of your deliberations... 

Judge Kaplan: E. Jean Carroll is suing Donald Trump for money damages for an alleged event at a department store... Allegedly in the lingerie department, the pair went to a dressing room and Mr. Trump then pushed her against the wall and kissed her without her consent, allegedly

Judge Kaplan: Mr. Trump denies that this ever happened. The second claim concerns a post on social media - Ms. Carroll says it was false and defamatory. Mr. Trump denied that it was false. Two weeks I told you, the first claim is for battery...

Judge Kaplan: Under applicable law, any penetration of the v*gina by the p*nis - excuse my explicit language, it's part of the elements of alleged battery - qualifies. If you find that Ms. Carroll has proved it by a preponderance of the evidence, answer Q1 Yes

 Judge Kaplan: Under a different theory, the contact may be by the actor of the victim... The law does not define which parts of the body are intimate. Apply your common sense, using general societal norms. Sexual gratification is subjective... Judge Kaplan: Forgive me for minute, I'm going to get a drink of water... OK, forcible touching occurs when a person forcibly touches the intimate parts of another for the purpose of degrading, or gratifying...

Judge Kaplan: If you get to question 4, it is compensation to Ms. Carroll, or not - if so, you write on the blank spot, $1 - that represents nominal damages. Question 5 is about punitive damages...

 Judge Kaplan: Jurors, if you need to stand up for a moment, please do. I think I'll stand up... OK, now on the defamation claim. [Reads Trump's statement] Judge Kaplan: If this tends to disparage or expose to hatred, even though it may impute no moral turpitude.

 Judge Kaplan: Whether Mr. Trump's statement was false or true depends on if you find Mr. Trump committed battery against Ms. Carroll. Question 8 required clear and convincing evidence of actual malice- that he knew if was false, or recklessly disregarded the truth

 Judge Kaplan: Next, damages from any defamation. One dollar is you determine there was no injury, or more if there was... I know you are ready to get up and do your job, but I have just a bit more. The burden on most questions is a preponderance of the evidence

 Judge Kaplan: You must not draw any inferences from comments I made to any of the lawyers, or when I took notes or used my computer.  There was evidence received at trial that Ms. Carroll says shows Mr. Trump sexual assaulted other women: Ms. Leeds, Ms. Stoynoff

 Judge Kaplan: A different definition of sexual assault applies to that evidence. Also, you heard evidence concerning an email Ms. Carroll received concerning an episode of Law & Order SVU - it was not offered for the truth, only for Ms. Carroll's reaction.

Judge Kaplan: I am a trial TV show addict. Many of them are wrong. Direct evidence is testimony by someone who saw or, in my last trial, tasted it. It was a trial about beer.  [Inner CIty Press covered it: "Modelo Mocks Corona Hard Seltzer"

Judge Kaplan: You're due to retire to deliberate shortly. Your answers to each question must be unanimous. Discuss and weigh your opinions. Any notes you may have taken are for your personal use only.  All 9 of you need to be present to deliberate.

Judge Kaplan: Let's talk about the verdict. When you reach a verdict, the foreperson is to write a note, verdict, put it in a sealed envelope to me. I will summon those who need to be here. It's 11:30 - I'm going to let the lawyers go out for lunch

Judge Kaplan: Don't add any commentary on the verdict form. I had that happen once, and it was a problem. There has been some media coverage of this case, hopefully you have not partaken of any of it. You are totally insulated.

 Judge Kaplan: I know you will render a fair verdict. Counsel, any objections to the charge? If so, come to the sidebar.  [Lawyers do go forward]

 Now they're back from sidebar. Judge Kaplan (to the jurors) The reference to the written statement of Mr. Trump's on October 12, 2022  - I'm striking that, I was not making any determination that it was defamatory. Mr Tacopina, the other? Tacopina: Page 25.

 Judge Kaplan: You saw some deposition testimony, you are entitled to assess that. It's a quarter to 12. I think what we'll do, I usually keep the lawyers in the courtroom, but I'll give them a break.

 Judge Kaplan: You'll stay here in the courthouse with your lunch. Between 12:15 and 1:30 if there is a note or verdict, there may be a delay. You will have a clean laptop, whatever that means, in the jury room, with all exhibits on it. It will take us time

Judge Kaplan: Swear the officer. Court deputy Andy: Mr. Marshall, come forward [is sworn] Judge Kaplan: Ladies and gentlemen, you will now retired and deliberate on your verdict. Now during what Judge Kaplan said was the lawyers' lunch break, they're back, discussing Eric Trump's post, and Trump's April 26 Truth Social post.

Tacopina: This most recent post does not require any new jury instruction Judge Kaplan: I'm not instructing the jury

 Tacopina: I'm more concerned about lunch right now. Can I go to the cafeteria? Judge Kaplan: You can even go out. Tacopina: Coming in is so much fun, I'd rather stay in. [OK - now they break 

Update - verdict has been reached and will be announced at 3 pm -

OK - E. Jean Carroll is seated at plaintiff's table, Tacopina pacing drinking bottled water by defense table. Now he sits down

All rise! Judge Kaplan: I have received a note reading in its entirety, "Verdict." Decorum will be maintained in the courtroom - no shouting, no race for the door. Those are the things that must happen. Let's get the jury.

 Jury entering! They walk in front of plaintiff's table and back into the jury box. Judge Kaplan: Please pass the envelope to Andy. Thank you.

Judge Kaplan: Clerk will publish the verdict. Clerk: As to battery, did Ms. Carroll prove that Mr. Trump raped Ms. Carroll? Answer. NO

Clerk: Abused Ms. Carroll? Yes. Dollar amount: $2 million

 Clerk: Wonton disgard? Yes. $20,000.  Defamation? Yes. Trump's statement false? Yes. Actual malice? Yes. Injured? Yes. Amount: $1 million. Reputation repair program: $1.7 million.

Clear: Wonton? Yes. Amount: $280,000.  Judge Kaplan: Juror numbers are annexed. Mr. Tacopina, do you wish to poll? Tacopina: Yes.

 Juror is polled, by numbers.  Judge Kaplan: It is confirmed and will be filed and recorded. Ladies and gentlemen, jury service is the bedrock... I suggest you not identify yourselves. Your transportation is ready.. Jury leaves.

Judge Kaplan: Good job all around

Now will he release the sealed motions?

  On May 4, Inner City Press filed a written request to Judge Louis A. Kaplan, copied to each party, requesting that the exhibit be released, and several motions be unsealed. 

  In court on May 4, Judge Kaplan directed the parties to either release the exhibits - which Carroll's counsel said she would do - or file a response into the docket by Saturday, May 6 at noon. He said the Press could reply by Sunday, May 7 at 5pm.

  On Friday May 5, Carroll's counsel made some but not all exhibits available to the press on DropBox, including portions of her deposition of Donald Trump.

Inner City Press published that on YouTube, it was reported for example here.

   But the defense didn't provide any exhibits nor file a response by Saturday at noon. And not all of Carroll's were provided by DropBox. 

 So on Sunday, May 7 before 5 pm, Inner City Press filed this

More on Substack here.

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