New York prosecutors continue to heavily reference the infamous leaked Access Hollywood tape capturing Trump's crude comments about women despite judge deeming the 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 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.
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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