“The motion makes no sense,” Kaplan wrote, explaining that Hubba had known for more than a year that Carroll had deleted some of the emails containing death threats against her and was still surprised. And waited until trial to request a mistrial. “It would be completely wasteful to allow a mistrial.”
Furthermore, the judge said, neither Hubba nor Carroll’s lawyers managed to get from Carroll what exactly he had removed and for how long. He described their inquiries as “confusing” and said the record had been left “unclear” on the subject. And they said Hubba failed to take any steps to recover any removed content through other means or to ascertain whether they were emails or social media posts.
Kaplan’s decision came after a trial in which the judge criticized Hubba’s skills several times, including once when he suggested she ask him to review the rules on how evidence is presented at trial. Use brakes. One day, in the presence of the jury, the judge even threatened to send him to jail if he did not stop talking.
The $83.3 million award was given by a jury two weeks ago over statements made by Trump while he was president. In statements to the media, Trump denied that he ever sexually harassed Carroll, claimed that he did not know her and said that he was trying to sell a newly published memoir and perhaps hurt her politically. She was making her claims to deliver.
Hubbard has promised to appeal the verdict, saying on the day that Carroll benefited from prosecuting Trump “where they know they’ll get the kind of jury they want.”
He added: “This will not stop us. We will keep fighting. And, I assure you, we may not win today, but we will win.”
Hubba did not immediately respond to a request for comment on Wednesday.
The jury award – $65 million of which was for punitive damages – was in addition to a $5 million award given by a Manhattan federal court jury last May, which concluded that Trump had defrauded a luxury Manhattan department store in the spring of 1996. Sexually harassed Carroll in the room and then defamed her. Him in October 2022. The jury rejected Carroll’s rape claim, although the judge later said that what the jury found would be considered rape in other jurisdictions.
Kaplan said in his opinion Wednesday that it was possible that Carroll, rather than Trump, was harmed by his inability to show the death threats to jurors.
Kaplan wrote, “With fewer examples to show, Ms. Carroll’s case for damages becomes weaker and Mr. Trump benefits as a result.”
Trump, 77, came to the most recent trial and testified briefly, but his testimony was severely limited because the judge had instructed jurors to take at face value the findings the jury made last May regarding sexual assault and defamation. Will happen. Trump did not attend the first trial.