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

Prior to Trump taking the witness stand, Judge Lewis Kaplan reminded the parties, outside the jury's presence, that a prior trial found "Mr. Trump in fact sexually abused Ms. Carroll by forcibly and without consent inserting his fingers into her vagina" and that "Ms. Carroll did not make up her claim of forcible sexual abuse."

Kaplan said the prior trial also established Trump's statements of denial were defamatory and that Trump "knew they were false, had serious doubts as to the truth of what he said or made those statements with a high degree of awareness that they were probably false."

The judge reminded the defense that Trump cannot make any argument "disputing or undermining those determinations." He said "there is cause for concern" that Trump's testimony might contain inadmissible evidence.

"I want to know everything he is going to say," Kaplan told defense attorney Alina Habba.

"That he stands by his deposition," Habba responded. "He is going to say that he did not make the statements to hurt Ms. Carroll."

Habba said Trump will also say that he had to respond to the allegation and did not instruct anyone to disparage Carroll.

Carroll's attorney, Roberta Kaplan, complained that while Habba was giving her proffer, "Mr. Trump said under his breath that he never met her and had never seen her before."

Kaplan said the jury would be instructed that, regardless of what Trump says on the witness stand, "he did it."

Trump was overheard saying he was not at the first trial and that he does not "know this woman" as Habba tried to affirm Trump understood the confines of his testimony.

"So he will comply with the rulings?" Kaplan asked. "That is my understanding," Habba replied.

The judge has limited the examination to three questions: Does he stand by the deposition? Did he deny the allegation because an accusation had been made? And did he instruct anyone to hurt Carroll?

"Defense calls President Donald Trump," attorney Alina Habba said as Trump took the stand in his own defense.

With the morning session completed, a more subdued Donald Trump has been in the courtroom today.

Unlike when Trump attended the trial last week, there have been no outbursts from Trump and no sparring with the judge. There are hardly any of the audible comments or hand gesturing that was observed earlier.

Instead, Trump has sat calmly and listened to the testimony, occasionally conferring quietly with his attorneys. When a video was played of him from just a few days ago repeating the claim that he "didn't know" E. Jean Carroll, he nodded along with the video and silently mouthed the words "true."

In fact, the only real disturbance today came when a cell phone -- which Judge Kaplan strictly prohibits in the courtroom -- rang in the galley.

"Whose telephone was that?" the judge asked. "Take that man out of here."

It turned out to be Trump campaign spokesperson Stephen Cheung-- who was removed from the courtroom by security.

Trump may take the witness stand when the proceedings resume after a break.

On cross-examination by Carroll's attorney Shawn Crowley, former television newswoman Carol Martin explained the safety concerns she said she had due to her association with E. Jean Carroll and her lawsuit against Donald Trump.

"I am a huge consumer of news and I keep up with everything that I can, as it happens, and the climate in the country felt dangerous to me," said Martin, a longtime friend of Carroll's. "Mr. Trump was saying he didn't lose the election and I was very concerned that my friend was right in the middle of a lawsuit like this one."

She also testified her comments about Carroll's "narcissism" and "lifestyle" were made out of concern that Carroll might lose at trial. Martin testified that when she called Carroll a "drug addict," she meant she was very passionate.

"I used the word drug addict. Bad word to use," Martin said.

"Are you suspicious of her motives?" asked Crowley.

"I am not suspicious of her motives," Martin replied.