Trump asks appeals court to reconsider overturning $5 million E. Jean Carroll verdict
Valerie Plesch/Bloomberg via Getty Images
(NEW YORK) — President-elect Donald Trump is asking a federal appeals court to reconsider overturning a jury’s verdict that found he sexually abused writer E. Jean Carroll in the mid-1990s and awarded her $5 million in damages.
After the United States Court of Appeals for the Second Circuit determined last month that Trump failed to prove he deserved a new trial, lawyers for Trump on Tuesday requested an en banc hearing, in which the full court would hear the case rather than a select panel.
A New York jury in 2023 awarding Carroll $5 million in damages after it found Trump liable for sexually abusing her in the dressing room of a Bergdorf Goodman department store in Manhattan in the mid-1990s, and for defaming her in 2022 when he denied the allegations.
Last year, another jury ordered Trump to pay an additional $83 million in damages for his defamatory statements about Carroll.
Trump argued the trial court in 2023 erred when it allowed two women to testify about Trump allegedly assaulting them, as well as permitting Carroll’s lawyers to show the jury part of the now-infamous “Access Hollywood” tape in which Trump boasted about grabbing women.
“To have any chance of persuading a jury, Carroll’s implausible, unsubstantiated allegations had to be — and repeatedly were — propped up by the erroneous admission of highly inflammatory propensity evidence,” wrote Trump’s lawyers Todd Blanche, Emil Bove, and D. John Sauder, who have all been picked by Trump for top Justice Department posts in his incoming adminstration.
Trump’s lawyers argued that the trial court’s decisions, if left uncorrected, could set a damaging precedent of allowing “inflammatory propensity evidence in a wide range of future cases.”
Trump’s request for an en banc hearing is his final appellate option before possibly turning to the Supreme Court.
(VALLEJO, Calif.) — A California school was forced to cancel classes until further notice after its copper wiring was stolen, knocking out power to the property.
Repairs at the Solano Widenmann Leadership Academy are expected to take about a week, but if the school needs to be closed for longer, the district will arrange alternate student placements, according to the school.
“Students have been set up with alternative learning hubs or can complete work at home for the time being,” the school told ABC News in a statement.
The school will open alternative learning hubs on Wednesday to continue learning,
“Alternative learning hubs will open at six school sites: Cooper, Dan Mini, Federal Terrace, Highland, and Patterson Elementary Schools, as well as Loma Vista Environmental Science Academy. These hubs will provide academic instruction and resources, with educators from elementary and middle schools supporting students as they complete independent study work prepared by their teachers,” the school announced.
Parents and guardians were sent an online form that they can use to sign up for the alternative learning hubs.
“We are committed to ensuring that our students’ education remains as uninterrupted as possible,” Vallejo City Unified School District Superintendent Rubén Aurelio said. “The dedicated staff at Solano Widenmann Leadership Academy has worked rapidly to prepare learning materials and establish a system that keeps our students engaged during this temporary closure.”
Free breakfast and lunch will be provided at all the hubs.
For families not attending a hub, staff will be available at Solano Widenmann on Tuesday, Jan. 28, from 8 a.m. to 3 p.m. to distribute independent study materials.
Vallejo Police did not immediately respond to ABC News’ request for a comment on the investigation.
(WILMINGTON, Del.) — Two days after President Joe Biden issued a blanket pardon to his son Hunter Biden, the younger Biden’s federal gun case in Delaware was terminated Tuesday by the judge overseeing the case.
“In the absence of binding precedent” for a case that had yet to reach sentencing, “all proceedings in this case are hereby terminated,” U.S. District Judge Maryellen Noreika wrote in a brief docket entry Tuesday.
In a court filing Monday, prosecutors had urged Noreika to terminate the case instead of dismissing the indictment, in order to allow the record of the case to continue to exist.
Prosecutors in special counsel David Weiss’ office, who brought both the gun case and separate tax-related charges against Hunter Biden, on Monday made a similar filing to the federal judge overseeing Hunter Biden’s tax case in California.
President Biden on Sunday issued a blanket pardoned to his son, who earlier this year was convicted on federal gun charges and pleaded guilty to tax-related charges, and was scheduled to be sentenced in both cases later this month.
Erik Menendez, left, and is brother Lyle, in front of their Beverly Hills home, Nov. 30, 1989 Los Angeles Times via Getty Images
(LOS ANGELES, Calif.) — Erik and Lyle Menendez’s infamous case was back in front of a judge Monday, with their aunts appealing to the judge on their behalf, during a status hearing regarding the brothers’ habeas corpus petition, which was filed last year for a review of new evidence not presented at trial.
The hearing was delayed 40 minutes due to challenges with trying to get Lyle and Erik Menendez to be available in court via video. After several attempts, the brothers were able to listen to the proceedings on the phone.
A lottery drawing was held for 16 public seats in the courtroom. Dozens of members of the public arrived early in the morning to wait for a chance to witness the hearing.
Judge Michael Jesic allowed testimony Monday from two of the brothers’ aunts — their mother’s sister, Joan VanderMolen, and their father’s sister, Terry Baralt — due to health concerns.
The aunts “both made impassioned pleas with the judge to send the brothers home,” defense attorney Mark Geragos told reporters after the hearing, calling it a “moving experience.”
The aunts testified about “all of the good things” the brothers have done in prison, Geragos said.
Jesic pushed back another scheduled hearing regarding the brothers’ resentencing recommendation from Dec. 11 to Jan. 30 and Jan. 31.
Jesic said he needs time to go through 17 boxes of files on the case and said he wants to give the newly elected Los Angeles district attorney ample time to get up to speed.
“By Jan. 30 or 31, we’re hoping that by the end of that, or sometime sooner, that we will, in fact, get the brothers released,” Geragos said.
Two new pieces of evidence are at the center of the brothers’ habeas corpus petition.
One is allegations from a former member of the boy band Menudo, who revealed last year that he was raped by the brothers’ father, Jose Menendez.
The second piece is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse from his father. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t found until several years ago, according to the brothers’ attorney.
The case began in 1989, when Lyle Menendez, then 21, and Erik Menendez, then 18, fatally shot their parents, Jose and Kitty Menendez, in the family’s Beverly Hills home. The defense claimed the brothers acted in self-defense after enduring years of sexual abuse by their father, but prosecutors alleged they killed for money.
The first trial, which had separate juries for each brother, ended in mistrials. In 1996, after the second trial — during which the judge barred much of the sex abuse evidence — the brothers were convicted and both sentenced to two consecutive terms of life without parole.
As the habeas corpus petition moves through the courts, the brothers have two other potential paths to freedom.
One path is through resentencing. Los Angeles County District Attorney George Gascón announced last month he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.
The DA’s office said its resentencing recommendations take into account many factors, including rehabilitation in prison, and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.
Shortly after Gascón’s announcement, he lost his race for reelection to Nathan Hochman. The incoming DA, who is set to take office on Dec. 2, said he plans to read through the evidence — including confidential prison files and interviews with family, lawyers and law enforcement — before showing his support for resentencing.
The other possible path to freedom is the brothers’ request for clemency, which they’ve submitted to California Gov. Gavin Newsom.
Last week, Newsom said he’ll defer to Hochman’s “review and analysis of the Menendez case prior to making any clemency decisions.”
ABC News’ Alex Stone, Matt Gutman and Ashley Riegle contributed to this report.