Northeast
Prosecutors repeatedly reference Trump’s Access Hollywood scandal after judge ruled tape itself 'prejudicial'
New York City prosecutors again made numerous references on Friday to the leaked Access Hollywood tape where former President Donald Trump made crude comments — after the judge reiterated that the jury could not hear or watch the comments.
Judge Juan Merchan ruled that playing the tape itself would be overly prejudicial towards Trump, but not the comments Trump made in the 2005 incident that leaked just before the 2016 presidential election. In the tape, Trump used lewd language about groping women in the presence of a TV host ahead of a cameo appearance on a soap opera.
Manhattan District Attorney Alvin Bragg and his team have made numerous references to the tape — in court and in legal filings — apparently attempting to make the case that the damage from the leaked tape was a catalyst for the $130,000 payment to Stormy Daniels. Trump is charged with falsifying business records related to Daniels, whose real name is Stephanie Clifford, to quiet her story about an alleged affair with Trump. Trump has repeatedly denied the affair.
On Friday, Merchan reiterated that the tape cannot be introduced as evidence or played aloud in the courtroom because it would be prejudicial to Trump.
NY V. TRUMP: WITNESS SAYS COHEN DREAMED OF WHITE HOUSE JOB DESPITE DENYING AMBITIONS IN HOUSE TESTIMONY
Former U.S. President Donald Trump with attorneys Emil Bove (L) and Todd Blanche (R) attends his at Manhattan Criminal Court on May 3, 2024 in New York City. ((Photo by Curtis Means-Pool/Getty Images))
In March, the DA argued the infamous tape should be admissible because “bears directly on defendant’s intent and motive, both at the time that he and his confederates made the Stormy Daniels payoff and later when they sought to conceal that payment.”
“The release of the Access Hollywood Tape caused a panic within the campaign about the defendant’s electoral prospects and ultimately served as the catalyst for consummating the Stormy Daniels payoff,” a filing stated.
Last month, Judge Merchan doubled down on his decision to not play the video for the jury because it was too prejudicial.
But on Friday morning, the prosecution again tried to argue that while it was ruled that the entire Access Hollywood tape couldn’t come into evidence, they wanted the 2016 Washington Post article that discusses it to come in to establish the date that the article was posted.
Merchan reiterated that he doesn’t want the video to be shown because it’s too powerful of evidence to have Trump’s voice and face associated with the words on the video.
On Friday, former Trump campaign press secretary and White House communications director Hope Hicks testified that Trump’s worry following the leaked tape centered around how it would affect his wife, Melania Trump.
HOPE HICKS: COHEN CALLED HIMSELF ‘MR. FIX IT’ ONLY BECAUSE HE ‘BROKE IT’
Michael Cohen, former personal lawyer to US President Donald Trump, right, outside federal court in New York, US, on Thursday, Dec. 14, 2023. (Yuki Iwamura/Bloomberg via Getty Images)
“He was worried about how this would be viewed at home,” Hicks said. “Mr. Trump really values Mrs. Trump’s opinion. She doesn’t weigh in all the time, but when she does…it’s valuable,” Hicks testified.
“[I] don’t think he wanted anyone in his family to be hurt or embarrassed about anything on the campaign. He wanted them to be proud of him,” Hicks later added.
Her testimony, which she provided to the court under subpoena, could undercut the prosecution’s arguments that the Trump tape was a catalyst to the Stormy Daniels payment out of concern about how a subsequent bad media hit would impact his campaign.
The defense team argued earlier in the day that the recent decision in the case of the disgraced Hollywood producer, Harvey Weinstein, could be relevant in Trump’s case.
Weinstein’s conviction was recently overturned by the New York State Court of Appeals after the court granted him a new trial, saying the trial judge had allowed prosecutors to call women who said Weinstein had assaulted them to testify, even though their accusations did not specifically relate to the entertainment mogul’s charges.
Trump’s defense team argued that the prosecution has been attempting to introduce evidence, including the Access Hollywood tape, that is not directly related to Trump’s alleged crimes.
The decision to overturn the Weinstein conviction relied on two courtroom terms: the “Molineux rule” and a “Sandoval ruling.”
NY V. TRUMP: HOPE HICKS TESTIFIES, PROSECUTORS REFER TO ‘ACCESS HOLLYWOOD’ TAPE
Trump speaks to members of the media as he departs his trial on May 3, 2024 in New York City.
The Molineux rule says that evidence of prior uncharged crimes or acts committed by an individual may not be entered into evidence in order to infer the guilt of the defendant.
Such prior acts may be entered into evidence for certain other reasons, like establishing intent, or knowledge, but such uncharged acts may not be entered in a manner that could taint the jury’s opinion as to the likelihood that the defendant committed the crime charged.
In Trump’s case, defense attorney Todd Blanche argued Friday that evidence is being introduced that does not establish elements of the crime charged, but rather implies Trump’s guilt.
A Sandoval ruling addresses a defendant potentially testifying at their own trial. Prosecutors typically ask to introduce, and the defense typically asks to limit, past allegations of behavior or actions by the defendant.
A defendant may choose not to testify based on what the judge allows prosecutors to question the defendant about. But the issue in Trump’s case would be whether a defendant was prevented altogether from testifying in their own defense by the allowance of questions from the prosecutor that would prejudice the jury.
Before adjourning for the day, both parties continued to discuss the Sandoval rule and what questions Trump could be asked if he testifies.
It’s unclear whether Trump will testify later in the course of the unprecedented trial.
Fox News’ Kevin Ward, Grace Taggart, Maria Pavovich, Shannon Bream and Kerri Kupec Urbahn contributed to this report.
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Northeast
Alleged Tren de Aragua criminal gang members charged in ATM robberies across New England
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Two alleged members of the Venezuelan-linked gang Tren De Aragua (TdA) were charged in an ATM jackpotting conspiracy that included robberies and attempted robberies across New England, according to federal prosecutors.
Moises Alejandro Martinez Gutierrz and Lestter Guerrero, both 29, have been charged with conspiracy to commit bank theft, the U.S. Attorney’s Office for the District of Massachusetts said in a news release.
Officials said both men are in the U.S. illegally.
The duo is accused of robberies and attempted robberies at ATMs in Massachusetts, Maine, New Hampshire, Connecticut and Rhode Island. They allegedly installed malware directly into the ATM’s software programming to force the machine to dispense all its cash.
Moises Alejandro Martinez Gutierrz has been charged with conspiracy to commit bank theft. (U.S. Attorney’s Office, District of Massachusetts)
Prosecutors said there has been an ongoing federal investigation into a nationwide conspiracy allegedly coordinated and committed by TdA members to steal money from ATMs using malware, a scheme referred to as ATM jackpotting.
Martinez Gutierrez and Guerrero were arrested on Feb. 5 in Augusta, Maine, after an attempted ATM jackpotting robbery, according to charging documents.
Martinez Gutierrez is allegedly connected to at least five other ATM jackpotting robberies across New England, including robberies on Dec. 31 in Norwich, Connecticut; Jan. 20 in Braintree, Massachusetts; Jan. 30 in Rochester, New Hampshire; and attempted robberies Jan. 14 in Coventry, Rhode Island, and Jan. 19 in Stoneham, Massachusetts.
Lestter Guerrero is seen pointing his cellphone at an ATM with Moises Alejandro Martinez Gutierrz in the passenger seat. (U.S. Attorney’s Office, District of Massachusetts)
Guerrero is allegedly connected to at least one additional jackpotting robbery, with Martinez Gutierrez, on Jan. 30 in Rochester, New Hampshire.
If convicted on the conspiring to commit bank theft charge, the pair could be sentenced to up to five years in prison, up to three years of supervised release and a fine of up to $250,000.
TdA has allegedly developed revenue sources through a range of criminal activities, including ATM jackpotting to steal millions of dollars from financial institutions, prosecutors said in court documents.
ALLEGED TREN DE ARAGUA LEADER CHARGED IN RACKETEERING CONSPIRACY AND COCAINE TRAFFICKING IN TRUMP CRACKDOWN
The two men were arrested on Feb. 5 in Augusta, Me., after an attempted ATM jackpotting robbery. (Photo by Robert Alexander/Getty Images)
Jackpotting proceeds are typically distributed amongst the gang’s members and associates to conceal its derivation, according to the court documents.
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The members are often told to split the proceeds from a jackpot operation with 50% earmarked and sent to gang leadership in Venezuela and 50% divided among the individuals conducting ground operations.
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Boston, MA
Red Sox insider hints Boston may have Pablo Sandoval problem with Masataka Yoshida
The Boston Red Sox were expected to have a busy offseason to build on their short 2025 playoff appearance, their first in four seasons. Boston delivered, albeit not in the way many reporters and fans expected — Alex Bregman left and no one was traded from the outfield surplus.
Roster construction questions have loomed over the Red Sox since last season. They were emphasized by Masataka Yoshida’s return from surgery rehab and Roman Anthony’s arrival to the big leagues. Boston has four-six outfielders, depending where it envisions Yoshida and Kristian Campbell playing, and a designated hitter spot it likes to keep flexible — moving an outfielder makes the most sense to solve this quandary.
The best case-scenario for addressing the packed outfield would be to find a trade suitor for Yoshida, which has proven difficult-to-impossible over his first three seasons with the Red Sox. Red Sox insiders Chris Cotillo and Sean McAdam of MassLive think Boston may have to make an extremely difficult decision to free up Yoshida’s roster spot.
“You wonder, at what point does this become a — not Patrick Sandoval situation — but a Pablo Sandoval, where you rip the Band-Aid off and just release,” McAdam theorized on the “Fenway Rundown” podcast (subscription required).
Red Sox insiders wonder if/when Boston will release Masataka Yoshida, as it did with Pablo Sandoval in 2017
Pablo Sandoval is infamous among Red Sox fans. He signed a five-year, $90 million deal before the 2015 season and he only lasted two and a half years before the Red Sox cut him loose. His tenure was marked by career lows at the plate, injuries and a perceived lack of effort that soured things quickly with Boston. Yoshida hasn’t lived up to the expectations the Red Sox had when they signed him, but he’s no Sandoval.
McAdam postulated that the Red Sox may be waiting until there is less money remaining on Yoshida’s contract before they potentially release him. Like Sandoval, Yoshida signed a five-year, $90 million deal before the 2023 season, which has only just reached its halfway point. The Red Sox still owe him over $36 million, and by releasing him, they’d be forced to eat that money.
The amount of money remaining on Yoshida’s contract is just one obstacle that may be preventing the Red Sox from finding a trade partner to move him elsewhere. Yoshida has never played more than 140 games in a MLB season with 303 total over his three-year tenure, mostly because he’s dealt with so many injuries since moving stateside.
Maybe the Red Sox could attach a top prospect to him and eat some of his contract money to entice another team into a trade, like they already did with Jordan Hicks this winter. But that would require sacrificing a quality prospect and it would cost more money, just to move a good hitter who tries hard at his job.
There’s no easy way to fit Yoshida onto Boston’s roster, but the decision to salary dump or release him will be just as hard. Yoshida hasn’t been a bad player for the Red Sox and he doesn’t deserve the Sandoval treatment, but his trade value may only decrease if he spends another year with minimal playing time. Alex Cora and Craig Breslow have a real dilemma on their hands with this roster.
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