Judge to Trump: Too late to offer DNA to rebut rape claim

Former President Donald Trump. AP Photo/Alex Brandon, File

Former President Donald Trump missed his chance to use his DNA to try to prove he didnโ€™t rape a longtime magazine advice columnist, a federal judge said Wednesday, clearing away a potential roadblock to an April trial.

Judge Lewis A. Kaplan rejected the 11th-hour offer by Trumpโ€™s legal team to provide a DNA sample to rebut claims E. Jean Carroll first made publicly in a 2019 book.

Kaplan said that lawyers for Trump and Carroll had over three years to make DNA an issue in the case and that both chose not to do so.

He said it would almost surely delay the trial scheduled to start April 25 to reopen the DNA issue four months after the deadline passed to litigate concerns over trial evidence and just weeks before trial.

Trumpโ€™s lawyers did not immediately comment on Kaplanโ€™s ruling. Carrollโ€™s attorney, Roberta Kaplan, declined to comment.

Carrollโ€™s lawyersย have sought Trumpโ€™s DNAย sample for three years to compare it with stains found on the dress Carroll wore the day she says Trump raped her in an upscale Manhattan department store dressing room in late 1995 or early 1996. An analysis of DNA on the dress concluded it did contain traces of an unknown manโ€™s DNA.

Trumpย has denied knowing Carrollย and said repeatedly, and sometimes angrily, that he never raped Carroll and that she was making the claim to stoke sales of her book.

Afterย refusing to provide Trumpโ€™s DNAย sample, his lawyers recently switched tactics, saying they would provide his DNA if Carrollโ€™s lawyers turned over the full DNA report on the dress.

Kaplan wrote in an order that Trump had provided no persuasive reason to relieve him of the consequences of his failure to seek the full DNA report in a timely fashion.

And the judge noted that the report did not find evidence of sperm cells and that reopening the dispute would raise a โ€œcomplicated new subject into this case that both sides elected not to pursue over a period of…

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