May 3 was the latest very bad day for Donald Trump at his trial for allegedly raping E. Jean Carroll.
Carroll’s attorneys presented compelling testimony from an expert psychologist, who testified to the mental toll that Carroll has suffered as a result of the alleged rape.
Carroll’s attorneys also presented testimony from Natasha Stoynoff, a reporter for People, who testified that Trump sexually assaulted her at Mar-a-Lago. As part of that testimony, attorneys presented the infamous Access Hollywood tape, where Trump bragged that he could “grab [women] by the pussy” without consent because he was “a star.” The day ended with Carroll’s attorneys playing the worst parts of Trump’s deposition, which included numerous obvious lies.
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To make matters worse, Trump’s attorneys announced to the Court that their lone remaining proposed witness would not testify at trial. This leaves Trump with no witnesses and no evidence that he is offering at the trial. Rather, Trump is relying upon cross-examination of Carroll’s witnesses - which (once again) went badly on Wednesday.
Expert Witness Explains Carroll’s Post-Rape Behavior
In response to Carroll’s admissions during her testimony that she laughed during the assault by Trump, Dr. Leslie Lebowitz, the expert witness for Carroll, gave a scientific explanation for some of Carroll’s behavior, testifying that trauma can make a person illogical.
She used an example of a woman in Finland who, during a crisis, ran after her hat rather than her daughter (who was in grave physical danger). She also testified that rape victims frequently feel it is their fault. “One reason is that the experience of being raped is one of losing control. So self-blaming reclaims control.”
Dr. Lebowitz also provided powerful examples of the types of mental anguish that the attack continues to inflict on Carroll. She testified that when she questioned Carroll about the events at Bergdorf Goodman, Carroll “squirmed” and stated that she was re-experiencing Trump’s fingers inside of her vagina. She explained that such flashbacks can be caused by ordinary sights, sounds or smells, such as a Vietnam veteran suffering from PTSD having a flashback when smelling Vietnamese food.
The cross-examination by Trump’s attorneys did little to blunt the impact of Dr. Lebowitz’s testimony. She admitted that she was being paid $600/hour for her time, but (in my experience as trial counsel for more than 25 years) jurors are rarely swayed by learning that an expert witness is paid for her time.
She also admitted that she did not know that Trump raped Carroll, as she was not there. When Trump’s counsel–Chad Siegel–tried to get Dr. Lebowitz to state that Carroll might be “malingering–meaning lying”, Dr. Lebowitz testified that her observations of Carroll were consistent with Carroll telling the truth.
On re-direct, Dr. Lebowitz gave a stark example of how Carroll continues to be traumatized by the rape and Trump’s accusations that she lied about the incident. Dr. Lebowitz testified that Carroll got a gun and learned to shoot, keeping the gun at at her home in Orange County (about 60 miles north of New York City), because she feared violence from Trump supporters who live in her area.
Reporter Says Mar-a-Lago Butler Walked in on Trump Sexually Assaulting
Former People reporter Natasha Stoynoff provided new details surrounding allegations that Trump sexually assaulted her while she was at Mar-a-Lago to report a story.
She stated that Trump pushed her against a wall and started kissing her, only stopping when a butler walked in on them. She also testified that afterwards, Trump told her, “You know we’re going to have an affair. Don’t forget what Marla said, ‘Best Sex I Ever Had.’ We’ll go to Peter Luger’s [a famous NY steak house] and have an affair.” Trump was referencing a 1996 New York Post article where his then-wife, Marla Maples, boasted that Trump was the “best sex I’ve ever had.”
Carroll’s attorneys then played the Access Hollywood tape and discussed the impact that it had on Stoynoff. She testified it made her “sick to my stomach” because “he does this to a lot of women.” Through sobs, she continued, “The horrifying part is I worried because I didn’t say anything at the time, others were hurt.”
Trump’s lead counsel, Joseph Tacopina, did not even attempt to meaningfully cross-examine Stoynoff. He only asked her to confirm that she had not made any legal claim against Trump.
Former People magazine reporter Natasha Stoynoff reacts during questioning by Michael Ferrara, lawyer of former Elle magazine advice columnist E. Jean Carrol.
Jane Rosenberg/ReutersTrump’s Deposition Excerpts Were Yet Another Disaster
Under the Federal Rules of Evidence, Carroll’s attorneys were able to pick the worst parts of Trump’s deposition to play for the jury. They presented a large number of obvious lies, including Trump claiming that he:
- “Did not know whether he saw women outside of [his first] marriage” (although his affairs were legendary);
- Almost never went to Bergdorf Goodman (despite testimony from the store manager that he was frequently there); and
- “Never saw” E. Jean Carroll’s book (although he made numerous public comments about it).
Trump’s Only Proposed Witness Will Not Testify
At the end of the trial day, Trump’s attorney informed the court that their lone remaining proposed witness, Dr. Edgar P. Nace, would not testify. Dr. Nace was scheduled to rebut Dr. Lebowitz’s testimony about the psychological damages suffered by Carroll. Trump’s attorney stated that Dr. Nace was “ill” and could not appear when scheduled.
Combined with the earlier revelation that Trump himself would not testify, this means that Trump will present no witnesses and no evidence.
The Trial Is Nearing an End–What Happens Next?
Judge Kaplan informed the jurors that this trial is almost over. Carroll’s case is likely to conclude on Thursday. The jurors will be given Friday off, while the attorneys meet with the judge to discuss the instructions that Judge Kaplan will give to the jurors. Closing arguments will be on Monday, May 8. Carroll’s attorneys will present the closing argument for two hours. Then Trump’s attorneys will have 2.5 hours for their closing arguments. Carroll’s attorneys will get the last word, with a half-hour for “rebuttal closing arguments”.
I give the final word to noted attorney Ken White (my law school classmate), who encapsulated Trump’s strategy: “I suspect the vibe they are going for is the old ‘The plaintiff’s case is such nonsense that no response is appropriate or required.’ That’s a way to focus a jury on the prosecution’s heavy burden of proving things beyond a reasonable doubt, but it’s a very risky move in a civil case, where the burden is only preponderance of the evidence and a much broader expectation that the defense will present some evidence.”
