Telling the jury that they heard her in the moments after the incident say that donald trump attacked her. she had a couple of witnesses who said donald trump attacked them as well. and she also had that access hollywood tape. so the burden i understand here is less than a criminal case but in order to overcome a he said she said with no witnesses and no direct evidence backing her up from that moment, i mean, you ve got to be, tell me how compelled you need to be by the supporting information that was given to the jury. i ve handled both criminal and civil cases where the date of the even is unknown and that creates a real problem for both sides. and it s for that reason that when this case had this case been a purely he said she said case, it would have been a lot closer. e. jean carroll had to explain
The lawyer for carroll. two men, one according to the notes, appeared to have his head on his chest. then again, the jury brought back a majority yes verdict and no on the rape, but yes on the sexual assault. yes on the defamation and quite a large number of damages. what do you make of that as you ve been covering this for so long? well, perhaps the jury had made up his or her mind early on and was not engaged in the rest of it or who knows. but i think carroll s attorneys really made a point about the access hollywood tape being donald trump s confession. they used that word. we all know what he says in that. and that, they played it five times and they were trying to resist, defense was trying to resist the tape being played so many times in court but that may have been one of the nails in the coffin because he basically
The jury. what it did is basically bolstered the allegation carroll was making against him. so given how quickly this verdict has come back, you know, i think 51% of me says that it probably is going to go carroll s way and the other thing that s really important is the burden of proof here. it s a civil case. so all carroll and her lawyers have to persuade the jury of is that 51% of the evidence, it s more likely than not. it s a preponderance of the evidence that her claim should be the one that they decide in favor of and not trump. i have to let that be the last word because we re expecting the verdict to be read any second now. thank you. katy tur continues our coverage now. good to be with you.
That s for number five. number six. was mr. trump s statement defamatory. that s what the jury is answering now. the answer to that is yes. it was defamatory. next was mr. trump s statement false. did miss carroll prove by clear and convincing evidence that mr. trump s statement was false. the answer is yes. now on to number eight. mr. trump made the statement with actual malice. the answer to that is also yes. on to number nine. miss carroll was injured as a result of mr. trump s publication of the october 12, 2022 statement. did she prove this by a preponderance of the evidence? the answer to that is number nine, yes. other than reputation repair, the dollar amount there, going to wait on that. $1 million. so far, we are at $3 million.
Himself, donald trump. not his defense team. trump himself in what they call in baseball, completely unforced errors. by that, i mean for example at his deposition, he could have stuck to the script, which is i don t remember this because it didn t happen. and for most of it, he did. but then he veered away into trump land when he said things like, well, this person is not even my type. and oh, by the way, you plaintiff s attorney, are not my type either. there you see a video. i ve said this before. that s why i videotape every one of my depositions and defendants because the power of the video here was so much greater than if they had taken a transcript and simply read aloud what trump said. it didn t look good for trump. so saying that carroll was not his type i think buried him and the fact that trump doubled down on the access hollywood tape. in 2016, he denied, he