A nine-member jury began hearing E. Jean Carroll‘s allegations that Donald Trump raped her over two decades ago in a Bergdorf Goodman department store, prompting the former president’s defense to open fire on a “lack of details.”
Before U.S. District Judge Lewis Kaplan dismissed the jury for the day, Trump attorney Joe Tacopina sought to use Carroll’s own missing recollections of the alleged sexual assault as the basis for why his client should not be held liable for defamation damages tied to Trump’s denial of her account. Carroll contends the alleged incident occurred sometime in either 1995 or 1996.
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“She doesn’t want to give Donald Trump the opportunity to provide an alibi. There’s no date. Instead, she says she was raped on some unknown day 27 or 28 years ago,” Tacopina said, according to his statement that was posted by a local news reporter.
Before the defense’s opening remarks, Shawn Crowley, a lawyer for Carroll, informed the jury they would hear from several witnesses, including Carroll herself, two former employees of the department store, Carroll’s sister, and two other women who have accused Trump of sexual harassment, Natasha Stoynoff, and Jessica Leeds.
“The evidence will show that he has told lie after lie in this case,” Crowley told a jury as a trial got underway in federal court in Manhattan.
Ahead of opening statements, Kaplan oversaw the selection of the jury on Tuesday in a process meant to shield the identities of the New Yorkers selected to decide the trial. While civil trials can have up to 12 jurors, Kaplan settled on nine out of a pool of around 100 people.
The group of 100 was asked numerous questions, such as whether they were associated with extremist groups ranging from the Proud Boys, antifa, and the Ku Klux Klan. None gave an affirmative response. They were also questioned about their thoughts on issues such as their views on the #MeToo movement and whether Trump is treated unfairly by the media. One person said yes to the latter and was voided from the selection.
“It is the job of the jury to decide what, if anything, happened,” Kaplan said, referring to Carroll’s allegations.
Crowley later reminded the jury of the claims they will be considering. The first is battery: “what happened in the Bergdorf Goodman dressing room.” The second, the lawyer said, is defamation: “harm that Mr. Trump did to Ms. Carroll’s reputation and good name.”
If found liable, Trump could owe millions of dollars to Carroll. However, it would only take one member of the jury to disagree with the rest to hold Trump not liable.
Kaplan also instructed the jurors not to watch or consume any media related to the trial or the parties involved. Throughout the duration of the five to 10-day trial, they will be picked up at a secret location, delivered to the court, and returned home the same way.
“I don’t know your name, and nobody in this room knows your name,” Kaplan said. “God willing, no one will know your names, and if you don’t want anyone to know your names, that’s within your power.”
Here’s what to know about the nine jurors.
- A 26-year-old man who was born and raised in Manhattan. He dropped out of college and now does work as security for a retail company. He uses social media to get his news.
- A 31-year-old man from the Bronx who works in security. He said he avoids news but sometimes listens to podcasts.
- A 37-year-old man who works for the New York Public Library. He has a bachelor’s degree in accounting and a master’s in library sciences. He is married with one child.
- A 46-year-old from the Bronx with a high school education. He doesn’t watch the news and works as a janitor and sales associate in clothing retail.
- A 55-year-old woman from Westchester County whose occupation is a collections coordinator for a healthcare facility. She lives with her significant other and has a son.
- A 60-year-old Rockland resident who studied computer coding, now works in a hospital, and likes to “flip channels.”
- A 62-year-old woman who works in high school and whose husband works in a factory. She said she watches CNN.
- A 65-year-old physical therapist who lives in the Bronx with his wife and four children. He said he watches CNN.
- A 66-year-old woman living in the Bronx who is retired from the healthcare industry and lives with her husband. She said she watches local news.
Carroll is expected to attend the duration of the trial, and Trump’s attorneys previously said he likely won’t attend unless he is compelled to testify. The trial is not publicly televised.
After jurors were released, Kaplan asked Tacopina if he is correct to assume Trump will not be testifying, as the defense will play portions of Trump’s deposition. Tacopina said, “I’m not sure,” according to the New York Times.
Kaplan said Tacopina must have a clear answer this week because it would be an imposition on the court security and staff not to know ahead of time.
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Carroll’s legal fight with Trump stems from an initial lawsuit filed in November 2019 while he was still president. She filed a new lawsuit against him after he allegedly defamed her in an online post by denying her rape allegations.
The lawsuit was elevated into a more severe battery case after New York passed a law in November allowing alleged victims to file civil suits after the statute of limitations expired.
