In a swift decision, Federal Judge Lewis A. Kaplan rejected an unusual midtrial mistrial request made by attorney Alina Habba during the jury trial that led to an $83 million award to writer E. Jean Carroll for her defamation claims against former President Donald Trump. The judge stated that the mistrial request was not a close call and issued a written opinion to explain his decision.
Unusual Mistrial Request Criticized
Timing and Lack of Sense
Attorney Alina Habba argued for a mistrial as Carroll testified about deleting death threats received in emails after making rape claims against Trump. Habba claimed Carroll confessed to destroying evidence that should have been preserved, but Judge Kaplan deemed the motion nonsensical. He pointed out that Habba had known about Carroll’s deletion of emails for over a year, and the mistrial request during trial seemed purposeless.
Confusion Over Deleted Material
Unclear Record on Deleted Evidence
Judge Kaplan highlighted the confusion surrounding the questioning about what Carroll had deleted and for how long. He described the record on the subject as unclear and criticized both attorneys for their confusing line of questioning. Additionally, he noted that Habba failed to take steps to recover deleted materials or determine whether they were emails or social media posts.
Judge’s Previous Criticisms of Habba’s Skills
Repeated Criticisms During Trial
The ruling follows a trial where Judge Kaplan openly criticized Habba’s legal skills, suggesting she review evidence introduction rules during a trial and even threatening to jail her for excessive talking. The $83.3 million jury award, given two weeks ago, stemmed from Trump’s statements while in office, denying sexual assault claims by Carroll.
Potential Impact on Damages
Judge Acknowledges Possible Weakening of Damages Case
Judge Kaplan acknowledged that Carroll’s case for damages might have been weakened due to the inability to show jurors the death threats. He suggested that Trump could benefit from having fewer examples to counter Carroll’s claims. The jury award included $65 million in punitive damages and came in addition to a $5 million award last May, concluding that Trump had defamed Carroll.
Future Legal Proceedings Expected
Habba Plans to Appeal
Attorney Alina Habba, dissatisfied with the verdict, has expressed intentions to appeal, emphasizing that Carroll benefited from a jury biased in her favor. Despite the setback, Habba remains determined, stating, “It will not deter us. We will keep fighting.”
COMMENTS