Appeals court rejects Trump’s attempt to overturn E. Jean Carroll verdict
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(NEW YORK) — A federal appeals court on Monday rejected President-elect Donald Trump’s attempt to overturn a jury’s verdict last year that found he sexually abused writer E. Jean Carroll in the mid-1990s.
The Second U.S. Circuit Court of Appeals decided “Trump has not demonstrated that the district court erred in any of the challenged rulings” and “has not carried his burden to show that any claimed error or combination of claimed errors affected his substantial rights as required to warrant a new trial.”
The jury in the civil case held Trump liable for sexually abusing Carroll in a dressing room at a Bergdorf Goodman department store in Manhattan in the mid-1990s, and determined that, in 2022, he made defamatory statements about her. The jury awarded Carroll $5 million in damages.
A different jury, in a separate civil trial, ordered Trump to pay Carroll, a former Elle magazine columnist, $83 million in damages. Trump’s appeal of that verdict is pending.
In the first trial, Trump claimed District Court Judge Lewis Kaplan erred by allowing two women, Jessica Leeds and Natasha Stoynoff, to testify about Trump’s alleged sexually assaults of them. Trump denied the claims of those two women.
Trump also faulted Kaplan’s decision to allow part of the now-infamous “Access Hollywood” tape into evidence. In the 2005 recording, Trump is heard describing to then-Access Hollywood host Billy Bush how he kissed and grabbed women without first obtaining their consent.
The appellate court, in Monday’s opinion, decided the tape was admissible “as evidence of a pattern” of alleged behavior by Trump.
“The jury could have reasonably concluded from those statements that, in the past, Mr. Trump had kissed women without their consent and then proceeded to touch their genitalia,” the opinion said.
(LONGBOAT KEY, Fla.) — When Coast Guard pilot Lt. Ian Logan went out to search the waters off Longboat Key in the wake of Hurricane Milton roaring ashore on the western Florida coast, he didn’t expect to find anyone who needed help.
To all of their surprise, he and his crew found a man clinging to a cooler 30 miles out in the Gulf of Mexico.
“We thought it might’ve been a buoy,” Logan said. “I remember looking down and seeing the strobe and like seeing him holding on to the cooler. So once we pulled up in that 50-foot hover right next to the guy, we’re like, ‘Oh my gosh, he’s on like a cooler that’s opened up and he’s just floating on it,’ which is insane.”
The man had gone out to his boat early Wednesday to make repairs after it became disabled earlier that week approximately 20 miles off John’s Pass, a barrier island west of St. Petersburg, according to the Coast Guard. As he was bringing the boat back to port, it got disabled again, the Coast Guard said.
The man contacted the Coast Guard, hoping for help. But weather conditions had already started to deteriorate as Milton approached Florida’s west coast, and the Coast Guard said it instructed him to put on a life jacket and “stay with the vessel’s emergency position indicating radio beacon.” The Coast Guard said it then lost contact with the man at 6:45 p.m. ET Wednesday.
By the time he was found, with his boat long gone, Logan said the man was essentially strapped to the cooler.
“I didn’t believe it at first. There are a lot of questions going through my head. So I paused for like, 10 seconds, as we’re making this turn, going to make our approach to the water,” Logan said. “And I’m like, ‘Are you sure?’ And the swimmer is like, ‘Yes, he’s waving his hands at us like, this is the guy.’ And I remember all of us are like, ‘My goodness, I can’t believe we’re so excited that we found this guy.’ Like searching for a needle in a haystack.”
“I look back over my shoulder and he’s over my back right shoulder and I see this guy — hair looks like the ‘Castaway’ movie, where he’s covered in salt,” he said. “He’s got a life vest on, he’s soaked. And at that point, it really set in, like, ‘Oh my God, I can’t believe we just found this guy.'”
Logan said the moment was one of the highlights of his career.
ABC News’ Leah Sarnoff and Meredith Deliso contributed to this report.
(LOS ANGELES) — Los Angeles County District Attorney George Gascón has recommended resentencing for Lyle and Erik Menendez, who are each serving two life prison terms without parole.
“We are going to recommend to the court [on Friday] that the life without the possibility of parole be removed and they would be sentenced for murder,” which would be a sentence of 50 years to life, Gascón said at a news conference Thursday. But because of their age — they both were under 26 at the time of the crimes — they would be eligible for parole immediately, he said.
“I believe that they have paid their debt to society,” he said.
“The final decision will be made by the judge,” he stressed.
Gascón told ABC News this month that any recommendation for resentencing would take into account the decades that the brothers already served and their behavior in prison. The brothers’ attorney, Mark Geragos, called them model prisoners who worked tirelessly to reform themselves with no expectation they’d be released.
The decades-old case began on Aug. 20, 1989, when Lyle and Erik Menendez fatally shot their parents, Jose and Kitty Menendez, in the family’s Beverly Hills home. Lyle Menendez, then 21, and Erik Menendez, then 18, used shotguns they bought days earlier.
Prosecutors alleged the brothers killed their wealthy parents for financial gain.
The defense argued the brothers acted in self-defense after enduring years of sexual abuse by their father.
Their first trials — which captured the nation’s attention with cameras in the courtroom — ended in mistrials.
In 1996, at the end of a second trial — in which the judge barred much of the sex abuse evidence — the brothers were convicted of first-degree murder and sentenced to two consecutive life prison terms without the possibility of parole.
The sensational case gained new attention this fall with the release of the Netflix drama “Monsters: The Lyle and Erik Menendez Story” and the Netflix documentary “The Menendez Brothers.”
Gascón said this month that his office was evaluating new evidence: allegations from a member of the boy band Menudo who said he was molested by Jose Menendez, and a letter Erik Menendez wrote to a cousin eight months before the murders detailing his alleged abuse.
Erik Menendez’s cousin testified about the alleged abuse at trial, but Erik Menendez’s letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to Geragos.
“Their actions, while tragic, were the desperate response of two boys trying to survive the unspeakable cruelty of their father,” Kitty Menendez’s sister, Joan Andersen VanderMolen, said. “As their aunt, I had no idea of the extent of the abuse they suffered.”
“It’s time to give them the opportunity to live the rest of their lives free from the shadow of their past,” she said.
Behind bars, the siblings “sought to better themselves and serve as a support and inspiration for survivors all over the world,” added Jose Menendez’s niece, Anamaria Baralt. “Their continued incarceration serves no rehabilitative purpose.”
The brothers “deserve a chance to heal, and our family deserves a chance to heal with them,” Baralt said.
Despite the massive show of support, one relative — the brothers’ uncle, Milton Andersen — is adamant about keeping them behind bars. He said in a statement he firmly believes his nephews were not sexually assaulted and were motivated by greed.
This is a developing story. Please check back for updates.
(NEW YORK) — Gruesome crime scene photographs were revealed in court on Monday during the trial of Richard Allen, who is accused of killing two teenage girls in 2017 on a hiking trail in the small town of Delphi, Indiana.
Carroll County sheriff’s deputy Darren Giancola, who was the first law enforcement officer on the scene after the bodies of Libby German, 14, and Abby Williams, 13, were discovered, was emotional as he took the stand for the prosecution on the third day of testimony.
Giancola said one of the girls was nude and the other was clothed when their bodies were located on Feb. 14, 2017.
“Both had large lacerations on their throat,” Giancola said. “They both had a substantial amount of blood on their person and underneath.”
Giancola was asked if lifesaving measures were performed, and he responded, “No. It was apparent they were deceased.”
The second witness called Monday was Jason Page of the Indiana State Police crime scene investigation unit, who photographed the crime scene.
The jury was shown graphic photos, including a close-up of Libby’s slashed throat and bloody face.
The families of Libby and Abby cried in the gallery and there were audible gasps in the courtroom when the images were shown.
Investigators had been tight-lipped about how the girls were killed for the last seven years, until prosecutor Nick McLeland revealed in his opening statement in court that both girls’ throats were cut.
Allen is accused of killing the two eighth graders while they walked on a hiking trail in their rural town on Feb. 13, 2017. Their bodies were discovered the next day.
Allen, a Delphi resident, was arrested in October 2022 and has pleaded not guilty to murder.
