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Former President Donald Trump moved for a mistrial Tuesday, saying testimony offered by porn star Stormy Daniels went too far.
The motion was swiftly rejected, though the attempt will preserve some of Mr. Trump’s rights in an appeal of a potential conviction.
Defense attorney Todd Blanche said the court set guardrails around Ms. Daniels’ testimony Tuesday, only for her to go over them in an “extremely prejudicial” way as prosecutors peppered her for information, including about such matters as condom use, about a purported sexual encounter in 2006.
Mr. Blanche also said Ms. Daniels seemed to alter her story to make it sound like it was not a consensual encounter, and it would be hard to “unring the bell” for the jury.
“A lot of the testimony that this witness talked about today is way different than the story she was peddling in 2016,” Mr. Blanche said. “We believe, regrettably, that there should be a mistrial.”
State Supreme Judge Juan Merchan denied the motion.
He will, however, give a limiting instruction to the jury about her story about being threatened by a man in a parking lot in 2011.
The judge said he agreed that testimony went a bit far at times, and that is why he jumped in at times — even when the defense did not.
“The defense has to take some responsibility for that,” the judge said. “Having said that, I don’t believe we’re at a point where a mistrial is warranted.”
During the back and forth, prosecutors argued Ms. Daniels’ testimony was probative of Mr. Trump’s intent in making a payoff to her.
“This is not new. This is not a new account,” prosecutor Susan Hoffinger said.
The state alleges that Mr. Trump and his lawyer, Michael Cohen, engaged in crimes when they allegedly tried to conceal the nature of the $130,000 payments through reimbursements to Mr. Cohen.
• This story is based in part on wire service reports.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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