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Jury Selection Begins In Second E. Jean Carroll Defamation Trial; Gilgo Beach Murder Suspect Pleads Not Guilty To New Charge; Brunson Makes History With Emmy Win For "Abbott Elementary." Aired 11:30a-12p ET

Aired January 16, 2024 - 11:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[11:30:00]

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JOHN BERMAN, CNN ANCHOR: Jury selection is underway in the trial to determine how much money Donald Trump will have to pay in damages to E. Jean Carroll. Back with me now CNN Chief Legal Affairs Correspondent Paula Reid. And joining us, CNN legal analyst and former federal prosecutor Jennifer Rodgers.

Paula, I want to start with you with what we've seen in this courtroom already today, which was this tense exchange between Trump's attorney Alina Habba, and the judge here. Who is she, and what role is she playing in this?

PAULA REID, CNN CHIEF LEGAL AFFAIRS CORRESPONDENT: So, she has a dual role. Alina Habba. She is Trump's attorney on the record.

She's going to try this case on his behalf. She also worked in the New York civil case we saw last week. But she's also his spokeswoman.

And you can see her really working in both of those roles today by once again, engaging the judge on this issue of whether the case should move all together or just be off for one day because Trump's mother-in-law has passed away and there's a funeral on Thursday. Now, they previously asked if the whole case could be pushed back because of this funeral. That was denied.

So, it was a bit of a surprise when she brought it up again today. Because usually if federal judges give you an answer, that's it. If you don't like it, take it to the Court of Appeals when the case is over.

But she brought it up today and modified her request. She said instead, can we just not have court on Thursday so we can attend a funeral? The judge didn't seem to like that she was bringing this up again, reminded her that she already got an answer, and said no, he doesn't have any need to be there every day.

He doesn't have a role. And if he wants to testify, he can do so on Monday. But you can see that as the spokeswoman, she's trying to frame this larger argument that he's being treated unfairly because the average person is going to come home and say what, he -- yes, he can't attend the funeral, or he can't attend the trial?

They don't understand that he doesn't have to be here. The last time they had a trial on this for weeks and weeks, he didn't show up for a single day. They're trying to amplify this murder narrative, which is what we see Alina Habba doing.

BERMAN: And I know people may be sick of saying this, but it's a campaign stop. It's -- he is there the day after winning the Iowa caucuses. He doesn't have to be there. This is his first stop on the campaign trail after winning Iowa. And it's for a reason what you just laid out right there.

Jennifer Rodgers, there are legal issues in this case. Donald Trump claims that he wants to testify. The judge has made clear, doesn't think that's a great idea. And if so, it would have to be extraordinarily limited. How so? What does all this mean?

JENNIFER RODGERS, CNN LEGAL ANALYST: So, there was a previous trial on a different defamatory statement, but it resolved with the jury some of the issues that would have otherwise been at issue here. Like, whether there was a sexual assault or whether Trump actually assaulted her. Whether he defamed her when he denied doing so.

Those issues are now off the table. Those are resolved. So, the only thing that issues here is the damages for this second defamatory statement.

And for that reason, if Trump decides he wants to testify, he will be limited to issues related to damages. Now, that can include his state of mind when he defamed her, but he cannot say I didn't defame her because I thought my denials were true. He cannot say I didn't sexually assault her.

So, how he would want to dance around that, to me is a really tough question for the judge to handle it. So, I think all in all, he probably actually will not testify because it's just too much of trying to dodge those bullets. And frankly, he won't be able to say the things that he will -- wants to say.

BERMAN: E. Jean Carroll says she will testify. What do we expect there? And describe -- you know, we were talking about how this is a campaign stop. It's not a campaign stop for her.

I mean, this is -- this is something you know, she has accused him of sexual assault. She accused him of rape. And this is something she has been processing for years.

[11:35:00]

RODGERS: So, she's going to be able to talk about how all of this impacted her, right? Her damages from this statement -- this defamatory statement in 2019. What happened to her after that, how she suffer, how she lost money, how her career went into a tailspin all because he was calling her a liar? And the threats that she went through -- you know, all the things that she went through, that's going to be the focus of her testimony here as she asks the jury for both compensatory damages to pay her back for all of that and punitive damages to punish Donald Trump for what he did.

BERMAN: Will Donald Trump have to pay here --

REID: Oh, yes.

BERMAN: In anytime soon?

REID: Yes, I do think that there will be damages here. Because we just saw a very similar statement resulted in a five-million-dollar overall award to her, that approximately three million of that was for damages related to the defamation. So, I do expect that he'll have to pay.

Will she get her money? Likely, but maybe not for a long time. And we also have to see how his conduct too, could influence the jury on some of these larger questions.

BERMAN: Talk to me about that.

REID: Sure. Yes. So, OK. So, we were just talking -- if you should wise -- Jennifer wisely lays out, you know, the risks here, he really has to stay in a pretty narrow lane if he wants to take the stand.

But he had those same guardrails last week in civil court here in New York. He still decided to address the court, but could not for the life of him, stay within the guidelines that he was given by the judge. Now, that Judge knew what was coming. Let him talk for a little bit, then admonished his lawyers, and cut them off.

This is federal court. This is different. The judge has already put them on notice about any sort of effort to improperly participate in this case.

I mean, there is certainly a chance that there could be a bigger blowback. I'm not saying he's going to be dragged out of court. But even if he is, even if that leaves a bad impression on the jury, does that not amplify the larger message that they are trying to send here, which is that he's being treated unfairly?

And we also don't have cameras in the courtroom. We have our great colleagues in there giving us minute-by-minute updates. But a lot of the message is getting out probably through his social media posts, and then any press conference where he can spin it any way he wants.

So, it's going to be really fascinating to see how he handles this federal courtroom. It's completely different and again, this is his first time showing up for this case.

BERMAN: Yes, that's a good point. We are waiting for our next update from inside that courtroom. Paula Reid, Jennifer Rodgers, thank you both very much.

So, the Gilgo Beach serial killer suspect faces a new murder charge this morning. His attorney called new DNA evidence problematic and disturbing.

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BERMAN: Moments ago, the Gilgo Beach serial murder suspect entered a not-guilty plea to a new charge of murder in the death of a fourth woman. He previously pleaded not guilty to first-degree murder charges in the deaths of three other women whose bodies were discovered near Long Island's Gilgo Beach more than a decade ago. The new indictment reveals new DNA profiling of hair found on a belt buckle.

With us now is Alexis Linkletter, host of "IDs Unraveled: Long Island Serial Killer" that shows on Discovery. Thank you so much for being with us. Just tell me your reaction to this new murder charge in this not guilty plea entered just a few minutes ago.

ALEXIS LINKLETTER, INVESTIGATIVE REPORTER: Well, my reaction is that I'm relieved for Maureen Brainard-Barnes's family because I know they've been waiting a long time to get the validation that hasn't been observed here. And I'm just also not surprised. I mean, we suspected that these charges were a long time coming, and given only know about the evidence in the other three cases, I mean, this just fits right in with what we already suspect he's done. And the M.O. on all the other three cases as well.

BERMAN: So, the suspect's attorney had this to say about the new charges. Listen. All right, we don't have -- we don't have that sound. Let me read you a version of that.

Today, for the first time, we hear about nuclear DNA. We're going to look into that. We're going to look into the lab reports, the lab testing, and the transfer of evidence because that's what somewhat disturbing to hear for the first time in 13 years that we have DNA testing.

That was again, a comment from the defense attorney there. Talk to me about the importance of DNA testing in this case, and specifically the new charge. And specifically, the idea that this is the first time they're hearing of it.

LINKLETTER: Well, I think in this case, all juries we know now these days want to see DNA evidence. They want DNA evidence to prove conclusively. People don't want to rely solely on circumstantial evidence.

So, I think just being able to have a really strong airtight case against Rex Heuermann, DNA is essential. And I think it will also be essential in proving where these crimes occurred. I mean, we're learning that several female hairs, women from the Heuermann family are being found on these victims.

So, beyond linking them to Rex, we're also linking them presumably to his home and to places in his home where his family members are also existing and living, which tells you a lot about also, you know, the boldness of Rex Heuermann because we can surmise that they were committed in his home. So, I think just DNA is going to be of paramount importance in this case. And it continues to be. BERMAN: It's going to be a few weeks before we see the suspect in court again. What questions do you hope to have answered in that time?

[11:45:07]

LINKLETTER: Well, in that time -- I mean, I'd love to know more about Maureen Brainard-Barnes's connection to Rex beyond the DNA. You know, we -- in this new bail document that was released, we learned more about his cell phone activity. But we don't know much about the day Maureen Brainard-Barnes connected with Rex Heuermann and their paths crossed. So, I'm hoping to learn more about that next time he's in court.

BERMAN: Again, that will be on February 6. Do you think there'll be a conviction of this case?

LINKLETTER: I do believe there'll be a conviction in this case. The DA has you know expressed that he wouldn't bring a case to trial that he didn't think he could win. And I think given the diligence and the meticulous nature of all this evidence they're releasing, they're not doing it until they're sure. And they appear to be sure.

BERMAN: All right. Alexis Linkletter, thank you so much for being with us. We do appreciate your expertise on this.

LINKLETTER: Thank you so much.

BERMAN: All right. A big night for "Succession." The HBO series took home six Emmy awards for its final season. What else happened on the Emmys?

Plus, the New Hampshire primary now, one week away. Donald Trump just won the Iowa caucuses. We got some new reporting on what Nikki Haley will and won't do in New Hampshire. Stay with us.

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[11:51:01]

(BEGIN VIDEO CLIP)

QUINTA BRUNSON, OUTSTANDING LEAD ACTRESS IN A COMEDY, ABBOTT ELEMENTARY: I am so happy to be able to live my dream and act out comedy. And I say it every time, but I just love comedy so much.

(END VIDEO CLIP)

BERMAN: So, that's Quinta Brunson, who last night became the first black woman to win an Emmy as lead comedy actress since 1981. She took home the award for her role in the show she created, "Abbott Elementary."

CNN Entertainment Correspondent Elizabeth Wagmeister is with us now. Elizabeth, a lot of us were either watching the caucuses or football last night. So, we missed this. What did we miss? What were the best moments? ELIZABETH WAGMEISTER, CNN ENTERTAINMENT CORRESPONDENT: Well, good for you, John. I was watching the Emmys. And it was a great show. Anthony Anderson was host and he is getting rave -- reviews. He did an excellent job.

And you know sometimes these shows can be snarky, but last night was really celebratory. Not just for the TV shows from the past year, but even staging reunions from some of the most iconic shows from the past 75 years. Let's take a look.

(BEGIN VIDEOTAPE)

PETER DINKLAGE, ACTOR: And the Emmy goes to --

WAGMEISTER (voiceover): The big winner.

DINKLAGE: "Succession."

WAGMEISTER (voiceover): There was no spoiler. "Succession" closed its fourth and final season with Best Drama, Best Actress for Sarah Snook, and Best Actor, Kieran Culkin.

KIERAN CULKIN, ACTOR: Don't pick it up. I couldn't do the button. It wasted all my time hugging everybody. I love you all so much.

WAGMEISTER (voiceover): Best Comedy was more of a cliffhanger. "The Bear's" big win became more clear as its cast began racking up big wins including star Jeremy Allen White.

JEREMY ALLEN WHITE, ACTOR: Thank you for believing in me when I had trouble believing in myself.

WAGMEISTER (voiceover): "Beef" won five Emmys, including Best Limited Series, and cast wins for Ali Wong and Steven Yeun, whose character embrace self-worth over suicide.

STEVEN YEUN, ACTOR: Judgment and shame is a lonely place. But compassion and grace is where we can all meet.

WAGMEISTER (voiceover): The Emmys opened with a standing ovation for Christina Applegate, more than two years after announcing she has multiple sclerosis.

CHRISTINA APPLEGATE, ACTOR: Very few of you probably know me from that debut. I'm going to cry more than I've been crying. Baby Bert Grizzle on days of our lives. It was really a breakout rule.

WAGMEISTER (voiceover): The Emmy telecast on our groundbreaking shows like "Cheers," "Martin," and "The Sopranos."

CAROL BURNETT, ACTOR: It truly warms my heart to see how well men are doing in comedy now.

WAGMEISTER (voiceover): TV legends Carol Burnett and Marla Gibbs not afraid to poke fun at what's historically been a man's game.

BRUNSON: What's the secret to working in Hollywood for so long?

MARLA GIBBS, ACTOR: Oh, that's easy, baby. The wage gap.

WAGMEISTER (voiceover): Social commentary was a theme throughout.

NIECY NASH-BETTS, ACTOR: I accept this award on behalf of every black and brown woman who has gone unheard yet over-policed.

WAGMEISTER (voiceover): RuPaul, Emmy's most honored person of color addressing the politics of drag queen story hour after winning Best Reality TV competition.

RAUPAUL, HOST: Knowledge is power. And if someone tries to restrict your access to power, they are trying to scare you. So, listen to a drag queen.

(END VIDEOTAPE)

WAGMEISTER: Aside from RuPaul making history there, it was a big night for diversity. Five of the 12 acting awards went to actors of color. And also, a huge night for Elton John who is officially in the rare EGOT club. That means he finally has his Emmy in addition to his Grammy, Oscar, and Tony wins, John.

BERMAN: Seems like things are going well for Elton John. Elizabeth Wagmeister, thank you very much.

We are getting updates from the Manhattan federal courtroom. Donald Trump, his first campaign stop since winning the Iowa caucuses. This is the damages case in the defamation trial. E. Jean Carroll -- Donald Trump was found liable for defaming E. Jean Carroll after her sexual abuse and rape allegations.

[11:55:13]

They are in the midst of jury selection right now. It is interesting, almost the entire jury pool has said that they have heard about or read about the legal cases or criminal investigations involving Donald Trump. That probably won't affect jury selection.

But a few jurors have said that they would not be able to give both sides a fair trial. Interesting to see as they work this way through this jury pool. They want to get opening statements underway by this afternoon.

Just one of the things we are covering throughout the day, that and it is on to New Hampshire for the Republican presidential candidates. This is CNN NEWS CENTRAL. "INSIDE POLITICS" is up next.

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