Judge Juan Merchan denied the defense’s motion for a mistrial.
Merchan says he disagrees with the Trump team’s assertion that Stormy Daniels gave a new account in her testimony this week.
Before the ruling, Mechan says the jurors have to decide who they believe in the case of the encounter between Donald Trump and Daniels.
He notes that the people do not have to prove the encounter happened but because the defense has called her credibility into question, prosecutors have to make an effort to show her story is credible to prove their case.
“The more specificity Ms. Daniels can provide about the encounter, the more the jury can weigh whether the encounter did occur and if so whether they choose to credit Ms. Daniels’ story,” Merchan says.
There were “many times Ms. Necheles could have objected but didn’t,” the judge says.
“For some unexplained reason that I still don’t understand” there was no objection to certain testimony cited in the motion for a mistrial and again today, Merchan says.
“Why on earth she wouldn’t object to the mention of a condom, I don’t understand,” Merchan says of Trump attorney Susan Necheles.
