Judge denies Trump a mistrial, Daniels denies cashing in on tryst

NEW YORK: The judge in Donald Trump's New York trial has denied a request from his lawyers for a mistrial on Thursday (May 9) in the case of falsifying business records.

They'd argued testimony from adult film star Stormy Daniels was too detailed and salacious an account of an alleged sexual encounter, he says didn't happen, and that it was prejudicial. 

Justice Merchan also said Trump could not respond to the comments about him in court publically, given gag orders against him to protect witnesses.

The request came after Stormy Daniels finished her marathon testimony at the hush money trial on Thursday with attorneys for the former president seeking to paint her as a greedy liar who profited from her allegations.

The adult film actress, who claims to have had sex with the married Trump in 2006, denied that she threatened the tycoon if he did not buy her silence.

"I wanted the truth to come out... to get my story protected with a paper trail so that my family didn't get hurt," the 45-year-old Daniels said during aggressive cross-examination by Trump's attorney Susan Necheles.

TRUMP ACCUSED OF FALSIFYING BUSINESS RECORDS

Trump, 77, is accused of falsifying business records to reimburse his lawyer, Michael Cohen, for a $130,000 payment to Daniels on the eve of the 2016 presidential election, when the story could have proved politically fatal.

Trump, wearing a powder blue tie, sat hunched over the defendant's table just feet away as Daniels testified in the Manhattan courtroom.

The face-off between Daniels and Trump took place six months before the November election, when the Republican hopeful will try to defeat Democratic President Joe Biden.

During nearly eight hours of testimony on Tuesday and Thursday, Daniels walked the New York jury through the one-night stand she said she had with Trump at a celebrity golf tournament, and then the financial settlement that she says ensued.

On Thursday, Trump's lawyers sought to suggest that Daniels was out for money, cashing in on her story in a book for which the defence claimed she received $800,000.

They accused her of appearing at strip club events promoted with a picture of Trump and the tagline "Making America Horny Again."

"I have no control over how a club advertises, and I never reposted anything with this photo," said Daniels who wore green dress and a long, hooded black cardigan.

"I never used that tagline -- I hated it."

In her testimony Tuesday, she described Trump's pajamas, his boxer shorts, the sexual position and that he did not wear a condom.

And while she was "not threatened verbally or physically" she said she "felt ashamed I didn't stop it, didn't say no."

Trump has denied having sex with Daniels

Speaking to reporters on his way into court Thursday, Trump called it a "Frankenstein case."

"It's not a recognizable crime that any of us have seen," he said. "This is a prosecutor making it up as he goes along."

Merchan has imposed a gag order on Trump prohibiting him from publicly attacking witnesses and the ex-president -- who has traded insults with Daniels for years, calling her "horseface" and other crude slurs -- did not comment directly on her testimony.

Trump said on Thursday that his side had filed an appeal against the gag order in an appellate court, but gave no further details.

In a post on Truth Social, Trump complained about the gag order saying his "Constitutional Right to Free Speech" had been "unfairly taken" away.

During the cross-examination on Thursday, Daniels accused Necheles of trying to trick her into misspeaking.

"You have a lot of experience in making phoney stories about sex appear to be real," Necheles said, noting that Daniels had directed and starred in over 150 adult films.

"If that story (about Trump) was untrue I would've written it to be a lot better," Daniels retorted. "I didn't have to write this one."

In addition to the New York case, Trump has been indicted in Washington and Georgia on charges of conspiring to overturn the results of the 2020 election.

He has also been charged in Florida with allegedly mishandling classified documents after leaving the White House but that case has been postponed indefinitely.