A Former Prosecutor and Criminal Trial Lawyer Reviews Stormy Daniels’ Prejudicial Mistrial Testimony

Justice Juan Merchan rejected a motion for a mistrial from former President Donald Trump’s defense team during the business records trial involving adult film star Stormy Daniels in Manhattan. The defense, led by attorney Todd Blanche, argued that Daniels’ testimony was prejudicial and designed to inflame the jury.

Blanche expressed concerns over the evolution of Daniels’ account, particularly her discussions of “consent and danger” which he claimed deviated significantly from her previous statements made in 2016. He emphasized that this shift in narrative made it challenging for the defense to counteract what he viewed as damaging testimony. Blanche stated that Daniels’ focus on consent was a pivotal aspect that the defense found difficult to navigate.

In his argument, Blanche also mentioned that the details Daniels provided about her alleged sexual encounter with Trump were inappropriate and irrelevant to the charges of falsifying business records. He suggested that either a mistrial should be declared or Daniels’ testimony should be significantly restricted and limited in scope. Blanche felt the procedural safeguards were disregarded, allowing Daniels to speak freely and beyond the relevant confines of the trial.

Prosecutor Susan Hoffinger responded by asserting that the prosecution was cautious not to elicit excessive detail from Daniels, aiming to maintain the focus on relevant testimony.

Despite the defense’s concerns, Justice Merchan found Daniels’ testimony overly detailed but opted not to grant a mistrial. He did, however, impose restrictions on how the jury could use her testimony, aiming to mitigate potential prejudice.

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