Posted on 04/21/2023 12:32:29 PM PDT by thegagline
A federal judge who will oversee Donald Trump’s sexual assault civil trial in Manhattan says the former president is free to skip attending the trial — but that he cannot claim he did so to avoid “burdens” on the city that his presence in court might cause.
US District Judge Lewis Kaplan in Manhattan set the ground rules in an order Thursday in response to a request by Trump lawyer Joe Tacopina that jurors be instructed that Trump didn’t attend in order to avoid “logistical burdens.”
In proposed jury instructions submitted Wednesday, Tacopina requested that the judge tell panelists: “While no litigant is required to appear at a civil trial, the absence of the defendant in this matter, by design, avoids the logistical burdens that his presence, as the former president, would cause the courthouse and New York City.
“Accordingly, his presence is excused unless and until he is called by either party to testify.” In his order Thursday, Kaplan said Trump’s lawyers, for now, could not raise the alleged “burdens” to the jury if he chooses not to attend.
“Mr. Trump is free to attend, to testify, or both. He is free also to do none of those things,” Kaplan wrote in the one-page order.
“In the meantime, there shall be no reference by counsel for Mr. Trump in the presence of the jury panel or the trial jury to Mr. Trump’s alleged desire to testify or to the burdens that any absence on his part allegedly might spare, or might have spared, the Court or the City of New York,” he added.***
(Excerpt) Read more at nypost.com ...
Trial begins on April 25th
We do not have a legal system. It is just a weapon of the democrat party to attack its enemies.
I wouldn’t give MY DNA to anyone either-—unless compelled
my question is why is this trial being held in federal court and not state court???
“my question is why is this trial being held in federal court and not state court???”
Good question.
You should post this over at DU. They need some good news.
Diversity jurisdiction: amount of controversy is over $75,000 and the plaintiff and defendant are citizens from different states.
That woman is butt ugly.
Even if President Trump were as blind as Stevie Wonder, there’d be no way in hell he would come within 10 feet of her.
What the he!! happened to the Statute of Limitations?
Here is Trump within 3 feet of her
This defamation case is within the statute of limitations.
If E. Jean Carroll has a DNA sample from her alleged rapist why doesn’t she have it analyzed?
It’s 2023 and she is very well funded. This should be no problem and could provide evidence that could either include or exclude Donald Trump as the source.
Still would prove rape though.
Correction: wouldn’t prove rape
She alleges this happened in late 1995/early 1996—28 years ago. She is 79 now. She was ~50-51 then.
I bet you can’t wait!
Looks like they are at a party with a lot of people and someone took a picture. I don’t think that situation has ever happened to anyone before.
The DNA sample in a vacuum doesn’t mean too much in a sexual assault case. Although you can prove race, gender etc you can’t prove that it is the defendant’s DNA without his sample. Typically, you compare a DNA sample with another DNA sample(s) that is taken separately from the original DNA sample.
The DNA sample is alleged to be evidence from a rape.
It doesn’t need to prove anything. It could either rule Donald Trump in or out as a possible source.
Since doing this would be so easy to do, assume DNA analysis has already be run on the sample (if it really exists) and the result doesn’t lead to Donald Trump.
That is not how DNA samples generally work. Have you ever acted as an attorney in a sexual assault or a child custody case? I’m guessing not. In a civil case, the DNA found of the garment is compared with that of the defendant’s DNA.In this case, Trump refused to provide his DNA for over 3 years. So the plaintiff had nothing to compare the DNA found on her dress with.
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