E. Jean Carroll defamation case: Judge denies Trump's motion for mistrial

E. Jean Carroll's attorney has asked the judge in the case to promptly deny former President Trump's request for a mistrial.

In a letter to the judge on Sunday, lawyer Roberta Kaplan accused Trump's defense team of creating a "spectacle" when they requested a mistrial in front of the jury last week.

On Friday, Trump attorney Alina Habba, in a written request, renewed her request for a mistrial in the case by arguing that Carroll failed to preserve evidence when she deleted some the death threats she received after she accused Trump of sexual assault in 2019.

In her response, Carroll's attorney argued that Carroll's testimony has been consistent with her past statements, and Habba merely muddled the issue during her cross-examination.

"This muddled testimony, which resulted from muddled and shouted questions, is hardly sufficient to carry Mr. Trump's burden of demonstrating that Ms. Carroll deleted evidence when she was under an obligation to preserve it," Kaplan wrote.

Kaplan added that Carroll had not filed her lawsuit when she initially deleted some of the death threats that filled her inbox in 2019, and that Habba's request to preclude the jury from considering damages for the death threats would unfairly limit the jury's role.

Former President Trump is expected to attend the trial on Monday, sources tell ABC News, cautioning that the former president's plans are flexible.

Lawyers for E. Jean Carroll plan to call former Elle editor-in-chief Robbie Myers on Monday morning as their final witness, after which Trump's attorneys plan to call Trump to the stand, followed by Carol Martin, a former television newswoman with whom Carroll confided about Trump's alleged assault.

Once the defense rests its case, Carroll's team could present a brief rebuttal case before closing statements.

Trump attorney Alina Habba told the court that the defense's case would run roughly two days.

Trump attorney Alina Habba renewed her request for a mistrial in the case Friday, arguing that E. Jean Carroll failed to preserve evidence when she deleted the death threats she received after she accused Trump of sexual assault in 2019.

"Despite being served with a subpoena in connection with this action, Plaintiff failed to take reasonable steps to preserve relevant evidence. In fact, she did much worse -- she actively deleted evidence which she now attempts to rely on in establishing her damages claim," Habba wrote in a letter to Judge Lewis Kaplan Friday.

Habba originally requested a mistrial during her cross-examination of Carroll on Wednesday, which Kaplan immediately denied.

Carroll explained during cross-examination that she deleted some emails and messages that were "filled with threats" before 2023.

"I deleted them early on because I didn't know how to handle death threats. I had no idea," Carroll testified. "I thought deleting them was the smartest, best, quickest way to get it out of my life."

Renewing her request in writing Friday, Habba asked for Judge Kaplan to either declare a mistrial, preclude Carroll from seeking damages based on the death threats, or instruct the jury about the "spoliation of relevant evidence."

Concluding her testimony after two days on the witness stand, E. Jean Carroll offered no remarks to reporters as she exited court, briefly hugging her lawyers before entering an SUV.

Speaking outside court, Donald Trump's counsel Boris Epshteyn said he doubted that Judge Lewis Kaplan would follow through on his threat to kick Trump out of the courtroom should the former president testify on Monday when court resumes.

"I have absolutely zero concerns," Epshteyn said. "President Trump has the right to defend himself."