E. Jean Carroll at the New York State Supreme Court on March 4, 2020.
Alec Tabak | Tribune News Service | beautiful pictures
New York federal judge on Wednesday rejected the former President’s conditional offer Donald Trump to provide a DNA sample in a lawsuit alleging he raped a writer in a Manhattan department store in the 1990s.
Judge Lewis Kaplan held that Trump’s offer, made after years of litigation in E. Jean Carroll’s case, was too late, made after concluding an exchange of evidence in a lawsuit.
The judge noted that the trial of the case, in which Trump is also accused of defaming Carroll when he denied her request, will begin in less than three months.
Kaplan also said that Trump had no reason to make his offer provided that Carroll’s attorneys were ordered to turn over a previously undisclosed addendum to a report on male DNA found on the Internet. the dress she said she was wearing when Trump allegedly attacked her.
The ruling means that no DNA evidence will be presented during the trial.
Joseph Tacopina, an attorney recently hired to represent Trump in the lawsuit, declined to comment on the ruling.
Trump until recently refused to provide a DNA sample.
Kaplan’s order Wednesday speculated that “Trump’s untimely request for an appendectomy reflects a change of tactics or just an afterthought.”
He said one possible explanation is that Trump’s attorneys initially decided not to make a request for the appendix over the past three years out of concern that Carroll’s attorneys would have a “new claim on his DNA.” Trump.”
But another possible explanation is that Trump’s attorneys “neglected to not read the report carefully over a three-year period and thus failed to notice the lack of an addendum,” the judge wrote.
Kaplan writes: “But no matter how you explain it, the effort comes too late.
The judge noted that Carroll would not have the right to take a DNA sample from Trump because the exchange of evidence, known as discovery, was complete.
“Her counsel had numerous opportunities in both related cases to force Mr. Trump to submit DNA samples,” Kaplan wrote. “If they do, they’ll almost certainly get it. But Ms. Carroll’s attorney has never taken action to force Mr. Trump to submit a DNA sample. Apparently they decided to go to trial without having to do so. It.”
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