Trump defamation damages trial in New York pauses due to juror illness

NEW YORK — The defamation damages trial against Donald Trump is expected to resume Wednesday after being adjourned Monday morning when a juror said they were sick and a Trump lawyer said she may have been exposed to the coronavirus, according to court officials.

It had been unclear whether the trial would begin again Tuesday or later. Trump’s legal team asked that the former president and current Republican candidate be allowed to testify Wednesday because of the demands of his presidential campaign.

“Tomorrow is the New Hampshire primary, and he needs to be in New Hampshire,” said lawyer Alina Habba.

It was not clear whether the postponement until Wednesday was due to covid-related or other health concerns, or because of Habba’s request. Trump has said he would testify in the case.

U.S. District Judge Lewis A. Kaplan did not rule on Trump’s election-related scheduling request as he summoned the remaining eight jurors into court to let them know about their fellow juror’s health issue. “Enjoy your morning coffee and see you tomorrow, I hope,” the judge told the panel.

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The defamation damages case filed by writer E. Jean Carroll has been in Manhattan federal court for about a week and had been expected to conclude this week.

On Monday morning, a juror said they were not feeling well. The judge said he instructed that juror to go home and take a coronavirus test. At the same time, Habba said she was not feeling well and had a fever over the weekend. She said she took a coronavirus test that came back negative.

Trump, who was in the courtroom before the trial was delayed, is being sued for damages over disparaging comments he made as president in 2019 after Carroll went public with a decades-old sexual assault allegation. He left New Hampshire, where he was campaigning ahead of Tuesday’s first-in-the-nation primary, and had indicated he would testify in the case.

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The nine-member jury is weighing what damages should be paid by Trump, who was found liable for defamation in a September summary judgment. He called Carroll a liar and suggested she couldn’t have been raped by him because he had no romantic interest in her, comments he continues to assert.

In a separate trial last year, Carroll was awarded $5 million in damages against Trump after he was found liable for sexual abuse and for a different set of defamatory remarks he made in 2022. Trump is appealing that verdict.

On television and in social media posts, Trump continues to insult Carroll, calling her a liar and mentally ill.

Mark Berman in Washington and Wesley Parnell in New York contributed to this report.

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