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Prosecutors repeatedly reference Trump’s Access Hollywood scandal after judge ruled tape itself 'prejudicial'

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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

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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. 

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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. 

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“[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.

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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. 

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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. 

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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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Pennsylvania

Quakertown police chief on leave after clash with student protesters

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Quakertown police chief on leave after clash with student protesters


From Delco to Chesco and Montco to Bucks, what about life in Philly’s suburbs do you want WHYY News to cover? Let us know!

Quakertown Police Chief Scott McElree is on leave after he was seen on video placing a student in a chokehold during a high school walkout earlier this month.

Borough Solicitor Peter Nelson told 6abc and other outlets Friday that McElree, who also serves as the borough manager, is currently on workers’ compensation leave. A request for comment from Nelson was not immediately returned Saturday.

The Bucks County District Attorney’s Office is currently investigating the police department’s response to a student-led protest against the Trump administration federal enforcement actions on Feb. 20.

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After more than 30 students walked out of Bucks County’s Quakertown Community High School, a violent confrontation with Quakertown officers saw at least five students arrested. The students have since been charged with aggravated assault, according to The Philadelphia Inquirer.

Police claim that students threw snowballs at the responding officers on the scene and kicked their cars.



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Rhode Island

Frostbitten lizard found in Rhode Island is healing

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Frostbitten lizard found in Rhode Island is healing


While shoveling his driveway during yet another winter storm, a man in Providence, Rhode Island found something rather unexpected—a very cold giant lizard. Fortunately, the animal rehabilitation experts at the New England Wildlife Center found that besides being very dehydrated and having frostbite on its tongue and toes, the female tegu named Frankie was doing okay. 

Tegus are large South American reptiles, so how did Frankie end up in the middle of a snowstorm in New England? Tess Gannaway, a veterinarian at the wildlife center who treated Frankie, tells Popular Science that she was probably someone’s pet. 

“Given their size they often roam folk’s homes like dogs or cats and there is a chance that in warmer months Frankie escaped and was surviving on her own outside until the weather got too cold for her to manage,” Gannaway explains. There’s also the more unfortunate possibility that the lizard was recently abandoned.

The black on the tip of Frankie’s tongue are the dead tissue as a result of the frostbite. Image: New England Wildlife Center Staff.

Either way, Frankie was likely unable to pull her tongue back into her mouth at the start of the storm, which caused the frostbite on both her tongue and her toes. The tongue frostbite is particularly notable because known cases of animals with mucus membrane related frostbite are exceedingly unusual. Because of the frostbite, Frankie no longer has the iconic reptilian V-shape in her tongue. 

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In fact, veterinary medicine as a whole didn’t have any published accounts of such an affliction. As such, Gannaway and her veterinary student turned to human medical literature to decide on Frankie’s best treatment option, and ultimately identified what they were looking for. 

This “is really cool and an example of something in veterinary medicine and other fields we call one health, so the intersection between human and animal health,” Gannaway explained in a New England Wildlife Center video. 

In the human report, a portion of a patient’s tongue had unintentionally frozen because of a medical intervention in the mouth. Doctors then removed the dead external tissue a number of times, healing the injury within three weeks. 

Similarly, the team at the New England Wildlife Center aims to remove part of Frankie’s dead tongue tissue every two or three weeks. Hopefully, the tongue will heal on its own, but the good news is that tongues are rapid healers. 

Gannaway says that the team is “cautiously optimistic” about Frankie’s future. 

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“She did great during her first debridement [the tissue removal] and has moved on from liquid to solid food. New England Wildlife Centers’ Veterinarians will keep checking her tongue every 2 weeks to see if she needs further sedation to remove more superficial tissue,” she adds.“Until then she is on pain medications and an antibiotic. Tegus can live normal lives with only part of their tongue so as long as we can get her tongue to stabilize she should be ready to live a warmer although slightly less adventurous life.” 

 

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Margherita is a trilingual freelance science writer.




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Vermont

Ugandan torture survivor and UVM Health Network nurse faces uncertain future in Vermont

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Ugandan torture survivor and UVM Health Network nurse faces uncertain future in Vermont


BURLINGTON, Vt. (WCAX) – We’re digging deeper into the story of Steven Tendo, an asylum seeker living in Vermont who was detained by ICE, but has been released. We spoke with his lawyer about his plan to stay in the states amidst the national immigration crackdown.

Stephen Tendo was a political activist in Uganda. He fled after he was tortured, shot in the leg, and lost two of his fingers. He sought asylum at a port of entry in Brownsville, Texas, in 2018.

In 2019, the Department of Homeland Security denied his application, and Tendo was detained for two and a half years.

The Department of Homeland Security says they denied his application for asylum because of inconsistencies.

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“They had to do with his wife’s date of birth, as well as his prior visa application, which asked for all the countries that he traveled through,” said Christopher Worth, Tendo’s lawyer.

A non-profit research group found 69% of asylum applications were denied in 2019 during Trump’s first term. Tendo was released on an order of supervision in 2021, which means he could live and work in the U.S. while awaiting potential removal. Since then, he’s been a pastor and a nursing assistant in Vermont.

“Steven filed three applications for stays of removal, all of which were granted. He was scheduled for a check-in on Friday, February 6th. ICE had been notified that that’s when the stay application was being filed, but yet they took that day as the opportunity to arrest him two days before his check-in,” said Worth.

Tendo spoke with Senator Peter Welch about the conditions of the Dover detention center.

“The circumstances he described in Dover were really — very, very bad,” said Senator Welch.

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A New Hampshire judge found ICE violated Tendo’s due process because the federal agency did not provide the required notice for revoking his supervised release. Tendo, who has no criminal record, walked free on February 20th.

“The pattern that we’re seeing is that ICE seems to have a quota for arrests. I’ve heard that they have to make 3,000 arrests every day, and that’s very hard to do. And so, ICE seems to be arresting everyone they possibly can, whether or not that person may be removed or not,” said Worth.

Tendo is expected to check in with ICE on March 20th at their St. Albans office. While his attorneys are hard at work trying to delay his potential removal, it’s unclear if he will be detained again before then.



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