Name: Durham man continues bid for new trial in 1991 murders
Uploaded: 2016-08-30T18:10:10-0400
Duration: 148315
Description: The defense attorneys for a Durham man who has spent two decades in prison for two murders he says he didn't commit tried Tuesday to shift attention to a man who has never been charged in the case.

50 NC counties and 1 VA county are under alert, including Wake, Cumberland, Durham, Johnston, and Orange counties.

More than 21% of North Carolina's four-year-olds enrolled in the state's pre-kindergarten programs during the 2022-2023 school year, up from the prior year but still below the state's pre-pandemic highs, according to the National Institute for Early Education Research.

North Carolina ranks 29th in public pre-K enrollment, new report shows

Durham County budget increases funding for pre-K students

Compared to pre-pandemic prices, ground beef is up 35%, chips are up 45%, bread is up 57% and a 12-ounce can of soda is up 66%, according to the Bureau of Labor Statistics, which tracks trends on common grocery store items.

WRAL Investigates: 'Greedflation' and other drivers behind inflation at the grocery store

A look at inflation at the grocery store

The defense attorneys for a Durham man who has spent two decades in prison for two murders he says he didn't commit tried Tuesday to shift attention to a man who has never been charged in the case.

Julia Sims

Pete James

Durham man continues bid for new trial in 1991 murders

Darryl Howard in court

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Good morning. I'm meteorologist Elizabeth Gardner. We have a frost advisory that's in effect until 8 a.m. waking up to some cold temperatures this morning. Widespread in the low to mid thirties. Some of our southern counties more like mid to upper thirties. Our average last freeze happens April 8th. So this is late in the year to be seeing freezing temperatures. The earliest last freeze was recorded on March the 7th 2010 and the latest May 8th, 1989. So we have, we're not that close to the latest freeze, but you know, we're past the average last freeze for sure. We take a look at temperatures out the door this morning. It's chilly around the triangle area, looking at mid thirties, we'll climb up into the forties as we get into seven and 8 a.m. and then around lunchtime, mid sixties and we're on our way to low seventies this afternoon. So we had a pretty, pretty afternoon on the way, high pressure builds in starts to shift our winds from northerly to south westerly. That's going to warm things up. But again, lots of chilly air out there right now. Temperatures in the low thirties in the north and some 40 s down south around town, our high temperatures 73 in Raleigh, 73 Durham and in Fayetteville, the high pressure system that's down to our south is shifting our winds to south westerly today and that's what's helping to bump up our temperatures. So tonight won't be nearly as cold as what we saw last night. Our normal low is 51. We'll see that for the next several days and the coolest morning now in our seven day forecast is Friday morning at 45 degrees. Still going to be jacket weather, but a good bit warmer than freezing, which is what we're seeing across the area in most places today. 75 is our normal high and we see highs in the seventies all the way through Saturday. After that, we actually have some highs in the eighties to start next week. Our pollen count is high about 400 but not nearly as high as what we saw at the peak, which was about 5000 and our pollen count is on its way down. So that's definitely good news.

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Nightly N.C. Education Lottery drawings during the 11 p.m. News.

Good evening. I'm Gayle. Her, welcome to tonight's drawings for Monday, April 22nd, 2024. Well, let's get started tonight with our Carolina pick three. Our first winning number is a two. Our second number is six and the third number today is three and our pick three. Fireball number is four. Joining me for tonight's showing is our auditor from mcconnell and Jones L LP. Now let's move to the Carolina pick four. Good luck. Everyone who's at first winning pick four. Number, it's a two. Our second number here it comes. It's two again. Third number tonight is three and our fourth number is a nine and our pick for a fireball number is six. We turn now to the Carolina cash five. If no one wins the top prize tonight, tomorrow's our prize is estimated at $451,000. Good luck. Everyone is their first winning cash five number. It is a 39. Our second number 14, 3rd number tonight is 12. Our fourth number is 28 and the final number in our cash five this evening is 31. The North Carolina Education lottery has contributed over $10 billion to education. Get your winning numbers right here every night in your exclusive station for the North Carolina education lottery. Thanks for playing. Have a great night.

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Good evening, America. I'm Michelle Isles. Tonight. We've got another life changing jackpot for you in an estimated amount of $116 million. Get your tickets out. We'll start things off tonight with the number 39 right after that America. We have 12. Let's congratulate Francisco Nunez of North Carolina who won $150,000. Now, your next number up tonight is 16. That's followed by 52 and we're rounded out tonight with 33. Now for your winning powerball number. Good luck, everyone. It is one and your power play multiplier is two. Let's take another look at those winning numbers. Remember there are multiple ways to win. We'll see you back here Wednesday night. Good night. It's time to play America's favorite.

Powerball Drawing

Daytime Pick 3 and Pick 4 drawings are held at 3 p.m. daily. They can be seen as live or on-demand video.

Good afternoon. I'm Louis Fernandez. Welcome to this afternoon's drawings for Monday, April 22nd, 2024. Let's get started with Carolina pick three. The first pick three number is eight. Second is seven and the third is eight and our pick three fireball number is four. Joining me for this afternoon's drawing is our auditor from mcconnell and Jones L LP. And let's move to the Carolina pick four. The first pick four number is eight. The second is six. The third is eight and the fourth is two and our pick four. Fireball number is three. The North Carolina Education lottery has contributed over $10 billion to education. Thanks for your support. Get your win numbers each day at three and again, 1122 right here.

Daytime Pick 3 and Pick 4 Drawing

NBC News provides a special report on the end of testimony for the day in the trial of Donald Trump.

OCTOBER OF 2016 WHEN SHE CAME FORWARD TO THE "NATIONAL ENQUIRER," THE "NATIONAL ENQUIRER" IN TURN CONTACTED MICHAEL COHEN WHO THEN PAID HER $130,000 JUST TWO WEEKS BEFORE THE 2016 ELECTION THE D.A.'S OFFICE FROM DISTRICT ATTORNEY ALVIN BRAGG'S TEAM HAVE OUTLINED HERE OVER THE COURSE OF 45 MINUTES IN OPENING STATEMENTS THAT THEY INTEND TO SHOW THAT THERE IS A CONSPIRACY, THAT DONALD TRUMP DIRECTED THE PAYMENTS IN 2016 WEEKS BEFORE THE ELECTION TO STORMY DANIELS, AND THAT HE WOULD THEN IN TURN IN 2017 REIMBURSE MICHAEL COHEN FOR THOSE PAYMENTS. THE WHAT DID DONALD TRUMP KNOW AND DIDN'T KNOW IS AT THE HEART OF THIS CASE. BACK IN 2016 WHEN THIS CASE BECAME PUBLIC, HE INITIALLY DENIED THAT HE WAS AWARE OF THE STORMY DANIELS PAYMENT OF $130,000, BUT WHAT YOU ARE HEARD FROM HIS DEFENSE TEAM WHEN THEY TOOK THE OPPORTUNITY TO PUT FORWARD THEIR OPENING STATEMENTS OVER 35 MINUTES, HIS DEFENSE LAWYER OUTLINED THAT DONALD TRUMP WAS A SYMPATHETIC FIGURE IN THIS, THAT HE DID NOT COMMIT ANY CRIME, THAT HE COMPENSATED MICHAEL COHEN AS HIS PERSONAL LAWYER, THAT IT WAS NOT A REPAYMENT TO COVER UP THE STORMY DANIELS' STORY BEFORE THE 2016 ELECTION, BUT HE WAS SIMPLY PAYINGIM AS HIS PERSONAL LAWYER. HE TOLD THE JURY -- THIS WAS DONALD TRUMP'S ATTORNEY -- THAT THEY SHOULD IGNORE THE TESTIMONY FROM THE LIKES OF STORMY DANIELS WHEN SHE TAKES THE STAND SAYING YOU'RE GOING TO HEAR SALACIOUS MATERIAL ABOUT ALLEGED AFFAIRS AND AN ATTEMPTED HUSH MONEY PAYMENT, BUT NONE OF THAT MATTERS BECAUSE AT THE HEART OF THIS IS OVER FINANCIAL RECORDS AND THAT DONALD TRUMP WAS NOT THE ONE THAT ULTIMATELY WAS RESPONSIBLE FOR THOSE ACTS. AND SO THIS IS GOING TO BE AN INTENSE FIVE TO SEVEN-WEEK TRIAL HERE. TOMORROW THEY WILL RETURN TO COURT FOR SEVERAL HOURS BEFORE WE LOOK AT OTHER WITNESSES INCLUDING STORMY DANIELS AND OF COURSE, MICHAEL COHEN WHOM THE DEFENSE TEAM FOR DONALD TRUMP ALREADY WAS QUESTIONING THE CREDIBILITY OF SAYING THAT MICHAEL COHEN'S TRUE INTENT HERE IS JUST TO GET DONALD TRUMP AND GET HIM INTO JAIL AFTER THOSE TWO, BEING THE FORMER LAWYER, FORMER FIXER, THE TWO OF THEM PARTED WAYS AS ALL OF THIS CAME TO LIGHT IN 2018. FOR DONALD TRUMP AND HIS PART INSIDE OF THAT COURTROOM FOR LONG PERIODS OF TIME, HE KEPT HIS EYES SHUT, BUT AT OTHER MOMENTS, HE WAS LOOKING AT HIS DEFENSE LAWYER TODD BLANCHE AS HE BEGAN TO MAKE HIS CASE TO THE JURY. AND HE ALSO TURNED AROUND AND LOOKED AT THE GALLERY, LOOKED AT THOSE WHO WERE IN THE ROOM. HE ATTEMPTED TO MAKE EYE CONTACT WITH DAVID PECKER, THAT "NATIONAL ENQUIRER" PUBLISHER WHO WAS A LONG-TIME, ONE-TIME FRIEND OF HIS. THIS FOR HIM IS GOING TO BE A LONG HAUL HERE, BUT ONE THAT COULD ULTIMATELY LEAD TO HIM AND HIS LEGAL FATE EITHER BEING FOUND GUILTY OR INNOCENT OR THE VERY REAL POTENTIAL OF A HUNG JURY. THE FIRST WITNESS TAKE THE STAND IN WHAT IS A MONUMENTAL DAY FOR DONALD TRUMP, THE FORMER PRESIDENT'S CRIMINAL TRIAL. >> DID YOU HEAR ANYTHING FROM THE OTHER SIDE THAT SUGGESTS SOMETHING NEW IN HOW THEY WANT TO FRAME THIS CASE FOR THE JURY? >> Reporter: THE QUESTION WAS ABOUT THE EVIDENCE AND TESTIMONY THAT THE PROSECUTION WAS GOING TO BE ABLE TO BRING FORWARD BECAUSE IF YOU JUST TAKE DAVID PECKER, THAT MAN WHO WAS AT TRUMP TOWER WITH MICHAEL COHEN, WITH DONALD TRUMP, THE QUESTION WAS WHAT KIND OF TESTIMONY AND EVIDENCE WOULD HE BE ABLE TO PROVIDE? BECAUSE HE HAS NEVER DONE A PUBLIC INTERVIEW. HE HAS NEVER PUBLICLY DISCUSSED THIS, BUT WHAT THE PROSECUTION OUTLINED IS THAT THEY HAVE CORROBORATING EVIDENCE THROUGH EMAILS AND TEXT MESSAGES AND PHONE CALLS. THEY EVEN HAVE GOING BACK TO OCTOBER 26th OF 2016 A PHONE CALL, TWO PHONE CALLS THAT TOOK PLACE BETWEEN DONALD TRUMP AND MICHAEL COHEN IN WHICH THEY ALLEGE THAT MICHAEL COHEN JUST AFTER THOSE PHONE CALLS WENT TO A BANK, SET UP A BANK ACCOUNT IN THE FOLLOWING DAY, WIRED $130,000 TO STORMY DANIELS. SO THE PROSECUTION IS MAKING THE CASE THAT THIS IS MORE THAN JUST THE TESTIMONY OF MICHAEL COHEN BUT WE HAVE THE RECORDS. THE QUESTION IS DO THEY HAVE ENOUGH TO MAKE DONALD TRUMP THE TRUE CRIMINAL DEFENDANT HERE AS HIS DEFENSE TEAM HAS MADE THE CASE, LESTER, THAT THIS WAS A MATTER OF FINANCING AND THAT THOSE IN THE TRUMP ORGANIZATION WHO WERE RESPONSIBLE FOR KEEPING THOSE FINANCIAL RECORDS, IT WAS INCUMBENT ON THEM ON HOW THOSE RECORDS WERE ACTUALLY MAINTAINED AND THAT LEGAL, WHICH IS AT THE HEART OF THE FINANCIAL FRAUD ALLEGATIONS THAT ARE BEING MADE AGAINST DONALD TRUMP HERE, THAT THOSE DENOTATIONS OF LEGAL EXPENSES WERE FAIR AND JUST BECAUSE THAT IS WHAT DONALD TRUMP THOUGHT THAT HE WAS ACTUALLY USING MICHAEL COHEN FOR AND THAT THE IDEA OF REPAYING HIM FOR A HUSH MONEY PAYMENT WAS NOT AT THE FOREFRONT OF DONALD TRUMP'S MIND WHILE HE WAS SITTING IN THE OVAL OFFICE THROUGHOUT THE YEAR OF 2017. >> ALL RIGHT, VAUGHN, I'M GOING TO ASK YOU TO STAND BY. LET ME BRING IN FOR MORE, OUR SENIOR WASHINGTON CORRESPONDENT HALLIE JACKSON, AND NBC NEWS LEGAL ANALYST, DANNY CEVALLOS. GOOD TO HAVE YOU BOTH HERE. HALLIE, FIRST OFF, FRAME WHAT WE HAVE HEARD TODAY. >> THE PROSECUTION IS ESSENTIALLY LOOKING TO LAY OUT THE CASE, AND YOU HEARD THIS COME UP A COUPLE OF TIMES IN THE OPENING STATEMENTS TODAY, THAT THIS GOES BEYOND SIMPLY WHAT WE ALL SHORTHAND IT AS THE HUSH MONEY TRIAL, THAT THIS WAS ABOUT ELECTION INTERFERENCE. THEY DID SOMETHING INTERESTING, THEY TOOK THIS PHRASE THAT IN MANY WAYS THE FORMER PRESIDENT HAS CO-OPTED, THIS IDEA OF ELECTION FRAUD AND THEY TRIED TO FLIP IT AND USE IT AGAINST DONALD TRUMP IN THESE OPENING STATEMENTS, DESCRIBING WHAT HE DID AS ILLEGAL ELECTION FRAUD, THAT HE TRIED TO COVER UP ALONG WITH MICHAEL COHEN AND DAVID PECKER THIS, YOU KNOW, MONEY TO COVER UP AN ALLEGED SEX SCANDAL. WHAT THE DEFENSE DID WAS TRY TO TAKE THAT BACK. YOU HEARD THIS VERY INTERESTING LINE FROM TODD BLANCHE, THE LEAD ATTORNEY THERE FOR THE FORMER PRESIDENT WHO SAID SPOILER ALERT, THERE'S NOTHING WRONG WITH TRYING TO INFLUENCE AN ELECTION. IT'S CALLED DEMOCRACY. KIND OF AN EXTRAORDINARY LINE TO HEAR FROM THE FORMER PRESIDENT'S TEAM, AND SO THE DEFENSE CAME BACK, BLANCHE SAID THAT, BUT ALSO TRIED TO MAKE DONALD TRUMP SEEM SUPER RELATABLE. THAT WAS STRIKING AT SEVERAL MOMENTS FOR THE DEFENSE'S OPENING STATEMENTS TALKING ABOUT, SURE, HE'S THE FORMER PRESIDENT, BUT HEY, HE'S JUST LIKE US. HE'S A FATHER. HE'S A HUSBAND, YOU KNOW, WE'RE ALL NEW YORKERS HERE. WE ALL GET IT. TRYING TO ESTABLISH THAT PERSONAL RELATIONSHIP WITH THE JURY IN HOPES THAT THAT COULD SERVE THE DEFENSE TEAM OVER THE COURSE OF THE NEXT SIX WEEKS THERE. WHAT I'M GOING TO BE WATCHING FOR, YOU ASKED ABOUT WHAT COULD BE NEW HERE, AND YOU HEARD VAUGHN ALLUDE TO SOME OF THIS, THE PROSECUTION HAS RECEIPTS. THEY'RE ALLUDING TO A TAPE WITH THE FORMER PRESIDENT'S VOICE ON IT. THEY'RE ALLUDING TO A PHOTOGRAPH FROM THE OVAL OFFICE OF DONALD TRUMP WITH MICHAEL COHEN. THEY'RE GOING TO TRY TO PROVE THAT MICHAEL COHEN, STORMY DANIELS, THAT THE PAPER DOCUMENTS, THE EVIDENCE, THE PAPER TRAIL PROVES THEIR CASE. >> SO DANNY, THEY'RE GOING TO SAY, THE DEFENSE IS GOING TO SAY THERE'S NO CRIME HERE? >> THEY'RE GOING TO DO THAN THAT. THEY ACTUALLY OPENED WITH HE'S INNOCENT. WHICH IS AN INTERESTING CHOICE OF WORDS. INNOCENCE IS NOT DETERMINED AT CRIMINAL TRIAL, GUILTY OR NOT GUILTY. SOMETIMES IF YOU FEEL THAT YOUR CASE IS PARTICULARLY STRONG, YOU MAY TRY TO ESSENTIALLY ARGUE INNOCENCE TO THE JURY. MY CLIENT IS SO NOT GUILTY THAT HE'S INNOCENT, AND THEY ESSENTIALLY OPENED WITH THAT. WE ALREADY GOT A PREVIEW AND THERE WERE NO SURPRISES. THEY'RE GOING TO POINT TO MICHAEL COHEN AS SOMEBODY WHO IS NOT CREDIBLE. THEY'RE GOING TO POINT TO STORMY DANIELS AS SOMEONE WHO IS NOT CREDIBLE, ALTHOUGH YOU COULD ARGUE THAT STORMY DANIELS IS ALMOST NOT NECESSARY AS A WITNESS IN THIS CASE. HER INVOLVEMENT IS KIND OF TANGENTIAL. THE AFFAIR ITSELF IS NOT CRITICAL TO WHETHER OR NOT IT ACTUALLY HAPPENED FOR THIS CASE. SO REALLY WHAT WE GOOD PREVIEW OF IS EXACTLY WHAT WE EXPECTED FROM THE PROSECUTION. THEY GOT OUT IN FRONT OF WHAT THEY CONSIDER THEIR MICHAEL COHEN ISSUE, THAT HE MIGHT HAVE CREDIBILITY  ISSUES. IN THE SPECTRUM OF COOPERATING WITNESSES, MICHAEL COHEN, WHO IS NOT TECHNICALLY A COOPERATING WITNESS, HE'S PROBABLY ON THE LOW END OF LACK OF CREDIBILITY. MOST COOPERATES WITNESSES ARE BROUGHT IN FROM THE PRISON IN SHACKLES, AND THEY HAVE TONS OF ISSUES WITH CREDIBILITY AND CRIMINALITY. BUT AS THE PROSECUTION WILL SAY, AS THEY ALWAYS SAY, IT'S A STANDARD LINE, WE DIDN'T CHOOSE THIS WITNESS. THE DEFENDANT CHOSE THIS WITNESS. BUT, YOU KNOW, AS THIS -- THE OPENINGS COME TO A CLOSE, I THINK ALL EYES ARE ON THE STAR WITNESS, AND I DON'T THINK I MEAN MICHAEL COHEN ANYMORE. I THINK DAVID PECKER IS GOING TO BE A CRITICAL WITNESS BECAUSE, NUMBER ONE, HE CORROBORATES MICHAEL COHEN. HE ESTABLISHES THE ALLEGED CONSPIRACY, AND HE CORROBORATES A LOT OF DIFFERENT DOCUMENTS THAT ARE GOING TO SUPPORT WITNESSES LIKE MICHAEL COHEN. THE GOVERNMENT, THE PROSECUTION HAS A WAY OF MAKING MICHAEL COHEN'S LACK OF CREDIBILITY A MINIMAL ISSUE, AND IT LOOKS LIKE THEY'RE GOING RIGHT IN THAT DIRECTION. >> THE PROSECUTION MADE AN EFFORT TO POOUT THAT DAVID PECKER HAD BROUGHT A LAWYER TO THE COURTROOM WITH HIM. IS THERE SOME STRATEGY IN THAT? >> NOT NECESSARILY. WHAT YOU WANT TO DO IS IF YOU'RE THE STATE AND YOU HAVE A COOPERATING WITNESS, YOU DON'T WANT TO LOOK LIKE YOU'RE TOO HAND IF HAND WITH THAT WITNESS. I'LL GIVE YOU SOME OF THE STANDARD LINES AS A DEFENSE ATTORNEY THAT YOU'RE GOING TO HIT THAT COOPERATING WITNESS WITH, WHICH IS ESSENTIALLY FRAME THEM AS DOING ANYTHING THEY CAN TO PLEASE THEIR CAPTORS AND THEIR CAPTORS ARE THE GOVERNMENT WHO HAVE OFFERED THEM A DEAL. THEY'VE GOTTEN HAND IN HAND WITH THE DEVIL. THEY'RE TOO COZY WITH PROSECUTORS. THIS IS A COMMON THEME WHEN YOU'RE ATTACKING CORROBORATING WITNESSES OR PEOPLE TESTIFYING FOR THE GOVERNMENT. THE STATE WILL HAVE PREPARED THEIR WITNESSES FOR THIS. THEY'LL HAVE AN ANSWER FOR THAT IN CROSS EXAMINATION, THAT'S PROBABLY WHAT YOU'LL SEE. >> I WANT TO GO BACK TO VAUGHN FOR AMOMENT. WE KNOW THE FORMER PRESIDENT HAD ED A COUPLE OF TIMES THAT HE WOULD TESTIFY. I ASSUME THAT DECISION OFFICIALLY IS STILL WEEKS AWAY, BUT WHAT DO WE KNOW ABOUT THAT? >> Reporter: RIGHT, DONALD TRUMP'S CREDIBILITY, LESTER, IS GOING TO BE CRITICAL HERE FOR THIS JURY WHEN THEY'RE DETERMINING THE EXTENT TO WHICH HE IS GUILTY OR INNOCENT HERE. AND YOU SAID TWO TIMES NOW ALREADY IN THE LAST WEEK HE HAS MADE CLEAR THAT HE WOULD TESTIFY IN HIS OWN DEFENSE, BUT THERE ARE NUMEROUS QUESTIONS THAT DONALD TRUMP HAS NEVER PUBLICLY OR PRIVATELY, INCLUDING INSIDE OF A COURTROOM, ANSWERED WHEN IT COMES TO THE SPECIFICS OF THIS CASE. AND ONE OF THOSE COMES DOWN TO THE FACT THAT IN JANUAUARY OF 2018, THAT IS WHEN THE WALL STREET JOURNAL FIRST REPORTED ABOUT THE MICHAEL COHEN AND STORMY DANIELS $130,000 ARRANGEMENT, MORE THAN A YEAR INTO HIS PRESIDENCY, JANUARY OF 2018, WHEN DONALD TRUMP WAS FIRST ASKED ABOUT IT IN APRIL OF 2018 ON AIR FORCE ONE, HALLIE WAS COVERING HIS WHITE HOUSE AT THE TIME. DONALD TRUMP WAS ASKED SPECIFICALLY, DID YOU KNOW ABOUT THE $130,000 PAYMENT TO STORMY DANIELS. DONALD TRUMP REPLIED NO. HE THEN WENT ON TO SAY, QUOTE, YOU'LL HAVE TO ASK MICHAEL COHEN. MICHAEL IS MY ATTORNEY. YOU'LL HAVE TO ASK MICHAEL, AND SO DONALD D TRUMPILL HAVE TO WEIGH KNOWING THAT HE WILL GET THESE QUESTIONS AND DEPENDING ON WHAT THE PROSECUTION HAS IN TERMS OF EVIDENCE AND TESTIMONY FROM THE LIKES OF DAVID PECKER, THAT THEY ARE GOING TO BE ABLE TO REPLAY THOSE VERY COMMENTS FROM DONALD TRUMP IN 2018 AND PUT THEM SIDE BY SIDE TO COMMENTS THAT HE MADE IN 2016. ONE OTHER NOTE ON HIS CREDIBILITY, THERE IS A MAJOR DECISION EARLIER THIS MORNING AS WELL BY THE JUDGE. JUDGE MERCHAN MADE THE DETERMINATION THAT THE PROSECUTION WILL BE ABLE TO INTRODUCE TO THE JURY PREVIOUS TRIAL DETERMINATIONS AGAINST DONALD TRUMP, NAMELY TWO OF THOSE BEING IN JUST THE LAST YEAR, THE E. JEAN CARROLL DEFAMATION CASE AS WELL AS THE CIVIL FRAUD TRIAL IN WHICH JUDGE ENGORON JUST THIS YEAR FOUND THAT HE AND THE TRUMP ORGANIZATION HAD ENGAGED REPEATEDLY IN FINANCIAL FRAUD. THOSE CASES WHICH THE JUDGE IS GOING TO ALLOW THE PROSECUTION TO BRING FORWARD IN FRONT OF THE JURY WILL ALLOW THEM TO TELL THE JURY THAT DONALD TRUMP'S CREDIBILITY AND HIS PENCHANT FOR LYING AND NOT BEING WHOLLY TRUTHFUL ARE GOING TO BE KEY TO UNDERSTANDING THAT DONALD TRUMP'S DEFENSE AND HIS LEGAL TEAM'S DEFENSE ARE NOT ALL THAT CREDIBLE WHEN YOU LOOK AT HIM IN THE ENTIRETY OF THE LAST DECADE THAT STARTED IN AUGUST 2015, WHEN THAT TRUMP TOWER MEETING WHICH DONALD TRUMP HAS NOT PUBLICLY COMMENTED ON, ALL THE WAY INTO 2017 WHEN DAVID PECKER, THE "NATIONAL ENQUIRER" PUBLISHER WAS INVITED TO THE WHITE HOUSE FOR A DINNER THAT THE D.A.'S OFFICE SAYS WAS ARRANGED FOR DONALD TRUMP, THE THEN PRESIDENT, TO THANK DAVID PECKER FOR HIS EFFORTS TO SQUASH THOSE SALACIOUS STORIES FROM KAREN McDOUGAL AND STORMY DANIELS. >> WE'RE SEEING FORMER PRESIDENT TRUMP, THERE HE IS, OUTSIDE THE COURTHOUSE OR OUTSIDE THE COURTROOM. HE'S PREPARING TO LEAVE AS HE OFTEN DOES. HE ADDRESSES THEAMERAS GATHERED THERE. DANNY, LET ME BRING YOU BACK INTO THE CONVERSATION. THERE IS ANOTHER MATTER THAT THE FORMER PRESIDENT FACED. THAT'S THE QUESTION OF THE GAG ORDER AND WHETHER HE HAS RECENTLY VIOLATED THAT. THAT'S GOING TO COME BACK UP TOMORROW, CORRECT? >> YES, AND LAST WEEK I SUSPECT THAT JUSTICE MERCHAN SAID IT FOR MORE THAN A WEEK OUT BECAUSE OF A COUPLE DIFFERENT REASONS. NUMBER ONE, HE HAD HUNDREDS, IF NOT THOUSANDS, OF POTENTIAL JURORS TO GET THROUGH, AND HE WANTED TO GET THE PARTY STARTED. WHEN YOU THINK ABOUT IT, BACK THEN, MONDAY MORNING -- MONDAY MORNING LAST WEEK WAS MIRED IN ARGUMENTS AND MOTIONS AND I SUSPECT THE JUSTICE WANTED TO JUST PUSH IT OFF TO NEXT WEEK SO THEY COULD GET THROUGH JURY SELECTION, AND THEN ALSO, THERE WAS ALWAYS THE POSSIBILITY THAT BY THAT NEXT WEEK, BY TOMORROW THERE WOULD BE MORE VIOLATIONS OF THE GAG ORDER, AND THEY COULD PROBABLY JUST BE CONSOLIDATED. BUT AT THE TIME, IT WAS APPROXIMATELY SEVEN CLAIMED VIOLATIONS. THAT HEARING WILL GO ON TOMORROW, AND HERE'S WHAT I SUSPECT. LOOK FOR THE PEOPLE, THE PROSECUTORS, TO ASK FOR MINIMAL PENALTIES AT THE OUTSET. A LOT OF FOLKS SAY A THOUSAND DOLLARS, WHAT DOES THAT MATTER TO DONALD TRUMP? WELL, THESE VIOLATIONS AND THE PUNISHMENTS ARE INCREMENTAL. REALLY WHAT THEY'RE DOING IS SETTING A FLOOR. SURE, START HIM OUT WITH A THOUSAND DOLLARS, $5,000, IT DOESN'T MATTER, BUT THIS SPECTRUM, THIS PATH STARTS FROM ADMONITIONS. IT GOES TO FINES, AND EVENTUALLY, AT THE END OF THE ROAD IS INCARCERATION FOR SOMEBODY WHO VIOLATES OR IS HELD IN CONTEMPT BY THE COURT. NOW, THAT WOULD BE A MONUMENTAL DECISION AND A DIFFICULT DECISION BY THE JUDGE, BUT I THINK THE STATE IS SHOWING THAT THEY WANT TO MOVE IN INCREMENTS BUT THAT THEY WILL CONTINUE TO MOVE IF THERE ARE VIOLATIONS OF THE GAG ORDER. >> HALLIE, HOW IS THIS AFFECTING THE RACE FOR PRESIDENT? THE FORMER PRESIDENT LIKES TO MENTION THAT HE WOULD OTHERWISE BE OUT CAMPAIGNING RIGHT NOW. >> WE'RE SEEING SOME OF THE RUBBER MEET THE ROAD ON THAT FRONT. COURT IS NOT IN SESSION ON WEDNESDAY. HE COULD DO CAMPAIGN EVENTS ON THOSE DAYS OR THE WEEKEND. THIS PAST WEEKEND HE WAS SUPPOSED TO HAVE A CAMPAIGN RALLY. IT WAS ESSENTIALLY A WASHOUT, RAINED OUT, IT HAD TO BE CANCELED BECAUSE OF WEATHER. WHICH IS AN INDICATION SOMETIMES THINGS JUST POP UP. IT'S NOT ALWAYS IN YOUR CONTROL WHEN YOU'RE A PRESIDENTIAL CANDIDATE. TO GET REAL INSIGHT ON HOW THIS CASE WILL AFFECT HIM IN THE GENERAL ELECTION. REMEMBER, IN THE PRIMARY, ALL OF HIS LEGAL ISSUES WERE A BOON TO HIM. IT RALLIED HIS REPUBLICAN BASE AROUND HIM AND HELPED HIM GET THAT PRESUMPTIVE GOP NOMINATION ALL BUT LOCKED UP HERE. WHAT HAPPENS IN A GENERAL ELECTION. WE MAY NOT KNOW FOR A BIT YET. WE CAN LOOK AT NUMBERS OUT PR OUR NBC NEWS POLLING SHOWING THAT ABOUT 50% OF PEOPLE, AND THIS IS POLLING IN JUST THE LAST 24 HOURS, BELIEVE THAT THE FORMER PRESIDENT IS BEING TREATED FAIRLY BY THE SAME STANDARD OF LAW AS YOU OR ME OR ANYBODY ELSE. 43% DISAGREE. THEY BELIEVE THAT DONALD TRUMP IS BEING TREATED UNFAIRLY, SEEMING TO ECHO WHAT HE HAS BEEN SAYING ALL ALONG TT HE IS IN MANY WAYS THE VICTIM OF POLITICAL PERSECUTION. THE CONVERSATION YOU WERE JUST HAVING WITH DANNY ABOUT THAT GAG ORDER, THE FORMER PRESIDENT SEIZED THAT THROUGH THE LENS THROUGH WHICH HE SEES SO MANY OF HIS LEAGUE PROBLEMS AS AN ISSUE OF UNFAIRNESS AGAINST HIM. HE HAS SAID THIS ON TRUTH SOCIAL, THIS ISN'T FAIR, THEY CAN TALK ABOUT ME BUT I CAN'T TALK ABOUT THEM. HE HAS ILED AGAINST THAT AGAIN AND AGAIN. KEEP IN MIND, IT'S A PARTIAL GAG ORDER. HE DOES HAVE THE ABILITY TO SPEAK AGAINST THE JUDGE OR MAKE COMMENTS IN A CAMPAIGN RALLY SETTING RELATED TO THAT, BUT THE POLITICAL IMPOLITICAL OCCASIONS I THINK ARE GOING TO BE REALLY TOLD, WHEN WE DO GET A VERDICT AND WE GET POLLING IN THE FIELD AFTER THAT. >> WE SAW FORMER PRESIDENT TRUMP ADDRESSING THE CAMERAS A MOMENT AGO. ANY IDEA WHAT HE SAID? >> Reporter: YEAH, HE'S STILL ADDRESSING THE CAMERAS IN REALTIME, AND HE I SHOULD NOTE OVER THE LAST WEEK THROUGH JURY SELECTION WOULD OFTEN GIVE ABOUT FIVE, 15 SECONDS OF QUICK REMARKS OR COMMENTS TO THE PRESS, BUT THIS IS HIS MOST PROLONGED COMMENTARY WE HAVE SEEN YET. AND LARGE AMOUNT OF IT HAS SO FAR BEEN FOCUSED ON MICHAEL COHEN, OF COURSE WHO WAS HIS LONG-TIME PERSONAL LAWYER, AND HE IS UNDERCUTTING MICHAEL COHEN'S REPUTATION. WE SHOULD NOTE THAT, IN FACT, IT WAS CAMPAIGN FINANCES VIOLATIONS THAT WERE PART OF WHAT LED TO A GUILTY PLEA F FROM MICHAEL COHEN BACK IN 2018 WHILE DONALD TRUMP WAS SERVING AS PRESIDENT, AND IT WAS A LONG-STANDING DOJ POLICY TO NOT PROSECUTE A SITTING PRESIDENT OF THE UNITED STATES. BUT THAT IS WHEN MICHAEL COHEN FOR THE ACTS THAT HAVE BEEN ALLEGED AS PART OF THE ACTUAL HUSH MONEY SCHEME, LED TO MICHAEL COHEN SERVING PRISON TIME. AND MICHAEL COHEN HAS BEEN VERY PUBLIC AND VOCAL IN THE YEARS SINCE ABOUT HIS FRUSTRATIONS AS TO WHY PROSECUTORS AFTER DONALD TRUMP LEFT THE WHITE HOUSE, GO AFTER DONALD TRUMP FOR THE ALLEGED CRIMES, AND NOW WHAT YOU ARE HEARING IS MICHAEL COHEN WITH THE EXPECTATION THAT HE IS GOING TO BE A WITNESS, YOU'RE HEARING DONALD TRUMP CALL INTO QUESTION HIS CREDIBILITY AND SOMEBODY WHO ONLY HAS THE INTENT OF UNDERCUTTING HIM NOW THROUGH THIS PROCESS. >> VAUGHN, THANKS VERY MUCH, SO THE OPENING STATEMENTS ARE DONE. THE FIRST WITNESS ON THE STAND TODAY, THAT CONCLUDES THIS NBC NEWS SPECIAL REPORT. MUCH MORE ON OUR STREAMINGNG

NBC News Special Report: Witness testifies after opening statements in Trump trial

A 12-person jury in Manhattan is set to hear opening statements Monday from prosecutors and defense lawyers in the first of four criminal cases against Donald Trump.

<p>&gt;&gt; Announcer: THIS IS AN NBC NEWS "SPECIAL REPORT." HERE'S CRAIG MELVIN. &gt;&gt;&gt; AND A GOOD MONDAY MORNING. WE ARE COMING ON THE AIR WITH BREAKING NEWS AND A HISTORIC MOMENT AS WELL WITH OPENING STATEMENTS SET TO START IN FORMER-PRESIDENT DONALD TRUMP'S NEW YORK HUSH MONEY TRIAL. THE PRESIDENT HAS ARRIVED AT THE COURTHOUSE. THIS, OF COURSE, IS THE FIRST TIME A FORMER PRESIDENT AND A PRESUMPTIVE REPUBLICAN NOMINEE FOR PRESIDENT IS STANDING TRIAL FOR CRIMINAL CHARGES. MR. TRUMP HAS PLEADED NOT GUILTY TO 34 COUNTS OF FALSIFYING BUSINESS RECORDS. THOSE COUNTS ARE RELATED TO A 2016 PAYMENT MADE TO ADULT FILM STAR STORMY DANIELS TO KEEP HER QUIET ABOUT AN ALLEGED SEXUAL ENCOUNTER, ALL OF WHICH THE FORMER PRESIDENT HAS DENIED. TODAY'S OPENING STATEMENTS COMING A WEEK AFTER THE TRIAL STARTED WITH JURY SELECTION. NOW THOSE 12 JURORS AND 6 ALTERNATES ARE SET TO HEAR THE CASE AGAINST HIM AND HIS TEAM'S DEFENSE IN A WATERSHED MOMENT FOR OUR COUNTRY'S LEGAL LANDSCAPE. WE START NOW WITH OUR SENIOR LEGAL CORRESPONDENT LAURA JARRETT. SHE HAS MADE HER WAY TO THAT COURTHOUSE THERE IN LOWER MANHATTAN. LAURA, WHAT ARE WE EXPECTING TO SEE AND HEAR INSIDE THAT COURTROOM THIS MORNING? &gt;&gt; Reporter: WELL, CRAIG, IT WAS A LITTLE OVER A YEAR AGO THAT DONALD TRUMP STEPPED INTO THE COURTHOUSE HERE BEHIND ME FOR HIS ARRAIGNMENT. TODAY HE WALKS IN AS A CRIMINAL DEFENDANT FOR HIS OPENING STATEMENTS IN HIS FIRST CRIMINAL TRIAL. A REMARKABLE MOMENT FOR MR. TRUMP, FOR THE 12 JURORS SET TO SIT IN JUDGMENT OF HIM, AND FOR THE COUNTRY A REMARKABLE TEST, AS YOU SAID, FOR OUR LEGAL SYSTEM AS A WHOLE. THOSE 34 COUNTS, TECHNICALLY ABOUT FALSIFICATION OF BUSINESS RECORDS, BUT THE STORY THAT THE PROSECUTORS HERE WANT TO TELL, CRAIG, IS FAR BROADER THAN THAT, FAR MORE AMBITIOUS. THE STORY THAT THEY WANT TO TELL, A ROADMAP IF YOU WILL THAT THEY WANT TO LAYOUT TODAY IN OPENING STATEMENTS IS ABOUT ELECTION INTERFERENCE AND THEY'RE TELLING THEHE TRU CAMPAIGN IN 2016 WAS REELING FROM THE RELEASE OF THE "ACCESS HOLLYWOOD" TAPE AND SO DESPERATE TO MAKE SURE THEY COULD SHORE UP THE FEMALE VOTE THEY TRIED TO BURY THE STORY OF STORMY DANIELS, A STORY THAT COULD HAVE UPENDED THE CAMPAIGN. SO IN PROSECUTOR'S TELLING, MR. TRUMP DIRECTED HIS FORMER FIXER, MIKE AN COHEN, TO PAY HER OFF WITH $130,000. THAT PAYMENT IS MADE DAYS BEFORE VOTERS WENT TO THE POLL BUT, OF COURSE, THE VOTERS FOUND OUT ABOUT I ANYWAY. THE DEFENSE TEAM IS GOING TO LAYOUT HOW MR. TRUMP DIDN'T KNOW ANYTHING ABOUT THIS PLOT, THIS ALLEGED ORCHESTRATION, THAT MR. TRUMP WASN'T INVOLVED IN IT AND THAT MR. COHEN DID IT ON HIS OWN. THE DEFENSE TEAM WANTS TO SAY, CRAIG, IF ALL OF THIS HAPPENED THE WAY PROSECUTORS SAY, WHICH THEY DENY, WAS ACTUALLY BEING FALSIFIED, THE INTERNAL CRIME ARE BUSINESS RECORDS THAT WOULD NEVER HAVE SEEN THE LIGHT OF DAY. SO HOW COULD THE VOTERS HAVE BEEN FOOLED? THAT'S THE DUELLING NARRATIVES WE WILL SEE PLAY OUT IN OPENING STATEMENTS, CRAIG. &gt;&gt; AFTER OPENING STATEMENTS, THE FIRST WITNESS WE'VE BEEN TOLD A MAN NAMED DAVID PECKER. EXPLAIN HOW HE FITS INTO ALL OF THIS AND WHAT IS THE PROSECUTION HOPING TO ACCOMPLISH BY CALLING HIM FIRST? &gt;&gt; Reporter: IT IS AN INTERESTING STRATEGIC MOVE REALLY, CRACK, BECAUSE DAVID PECKER WAS THE FORMER LEADER OF AMI, WHICH IS THE PARENT COMPANY OF ""THE NATIONAL ENQUIRER"." EVERYONE KNOWS THAT TABLOID. THE REASON PROSECUTORS WANT HIM IS BECAUSE HE ALLOWS THEM TO PUT MR. TRUMP IN ROOM FOR WHEN THE SCHEME HAPPENED IN 2015, AND PROSECUTORS TELLING, THEY'RE GOING TO TELL THE JURY HERE MR. TRUMP, MR. COHEN AND DAVID PECKER SAT IN A ROOM AND THEY DECIDED TO TRY TO CATCH AND KILL BAD STORIES THAT COULD HAVE HURT MR. TRUMP. THEY'RE GOING TO SAY IT WAS MR. PECKER AND MR. TRUMP AND MR. HEN WHO DECIDED TO TAKE AND BUY THE STORIES TO MAKE SURE OTHER PEOPLE COULDN'T PUBLICIZE THEM. MR. TRUMP DOESN'T DENY THAT MEETING HAPPENED. HE CAN'T. BUT HE IS GOING TO DENY THERE WAS ANYTHING ILLEGAL ABOUT IT, CRAIG. &gt;&gt; LAURA JARRETT FOR US THERE AT THE COURTHOUSE. LAURA, THANK YOU. LET'S BRING IN SENIOR WASHINGTON CORRESPONDENT HALLIE JACKSON AND NBC NEWS LEGAL ANALYST DANNY CEVALLOS. WE WILL HEAR FROM DANNY PECKER BUT THE AFOREMENTIONED MICHAEL COHEN, THE PRESIDENT'S FORMER FIXER, A MAN WHO WROTE A BOOK CALLED "REVENGE" ABOUT HIS FORMER BOSS. HE IS ALSO A CONVICTED FELON. &gt;&gt; MUCH HAS BEEN MADE OF HIS LACK OF CREDIBILITY AND HE HAS THAT PROBLEM, BUT PROSECUTORS ROUTINELY USE COOPERATING WITNESSES WITH MUCH WORSE CHARACTER ISSUES THAN MICHAEL COHEN. YOU WILL HAVE TRIALS AND I HAVE HAD THESE WHERE THE COOPERATING WITNESS COMES IN IN SHACKLES AND PRISON GEAR. THE POINT IS PROSECUTORS OFTEN GO TO OTHER BAD GUYS TO GET TESTIMONY AGAINST THE DEFENDANT BAD GUY THAT THEY WANT TO CONVICT. THIS IS NOTHING NEW. THE PROSECUTION'S ALREADY BEEN SEEDING THE JURY, PREPPING THEM FOR THE FACT, HEY, YOU MAY HEAR FROM PEOPLE WHO HAVE CREDIBILITY ISSUES IN THIS CASE, BUT THE STATE HERE AS A LOT OF CORROBORATING EVIDENCE. I THINK THAT COMES A LOT IN THE FORM OF DAVID PECKER, WHO I THINK IS QUIETLY GOING TO BE REALLY THE GOVERNMENT'S STAR WITNESS HERE, NOT SO MUCH MICHAEL COHEN. &gt;&gt; HALLIE JACKSON, OF COURSE, THERE ARE SEVERAL OTHER OPINION -- PENDING CASES THE PRESIDENT IS DEALING WITH. SO FAR IT DOES NOT APPEAR TO HAVE AFFECTED HIM AT ALL POLITICALLY. DO WE EXPECT IT TO CHANGE ANYTHING IN THAT REGARD? &gt;&gt; HUGE QUESTION AND SOMETHING WE WILL NOT GET AN ANSWER UNTIL AFTER THE VERDICT COMES DOWN LATER ON IN THE SPRING. YOU ARE CORRECT, CRAIG. HIS LEGAL ISSUES DID NOT PHASE REPUBLICAN PRIMARY VOTERS WHO OVERINGLY BACKED FORMER-PRESIDENT TRUMP. HERE IS SOMETHING I'M WATCHING FROM THE LATEST NBC NEWS POLLING. WE ARE CALLING IT SHORT-HANDING THIS AS THE HUSH MONEY TRIAL TO DIFFERENTIATE IT FROM THE OTHER TRIAL, THE OTHER LEGAL ISSUES THE FORMER PRESIDENT FACES. THE PROSECUTION IS HOPING TO HAVE PEOPLE THINK ABOUT IT NOT AS A HUSH MONEY TRIAL BUT AS SOMETHING BIGGER THAN A SEX SCANDAL BUT AN ELECTION INTERFERENCE TRIAL. WHY DOES IT MATTER? WHEN YOU LOOK AT ISSUES THAT VOTERS SAY MATTER TO THEM AND VOTERS COME NOVEMBER, IT IS INFLATION AND IMGRANGS. NO SURPRISE. THOSE ARE STALWARTS, ALWAYS BIG ISSUES. THIRD, THEY SAY THREATS TO DEMOCRACY IS ONE OF THE BIGGEST ISSUES FACING THE COUNTRY. IF PROSECUTORS ARE ABLE TO MAKE THAT CONNECTION, THERE YOU SEE THE FORMER PRESIDENT WALKING IN, THAT COULD SWAY FOLKS. &gt;&gt; WE HAVE "MEET THE PRESS" MODERATOR KRISTEN WELKER JOINING US FROM WASHINGTON. KRISTEN, GOOD MORNING TO YOU. LET'S TALK ABOUT THE CURRENT PRESIDENT. PRESIDENT BIDEN, SO FAR IT WOULD SEEM AS IF THE STRATEGY FROM THE WHITE HOUSE HAS BEEN PRETTY MUCH A HANDS-OFF APPROACH. WE HAVEN'T HEARD THE CURRENT PRESIDENT TALKING A LOT ABOUT THE FORMER PRESIDENT'S LEGAL TROUBLES. DO WE EXPECT THAT'S GOING TO CHANGE THIS TIME AROUND? &gt;&gt; ABSOLUTELY NOT, CRAIG. I EXPECT THAT TO CONTINUE THIS WEEK. YOU ARE ABSOLUTELY RIGHT. IT HAS BEEN A HANDS-OFF APPROACH. LAST WEEK PRESIDENT BIDEN ON THE CAMPAIGN TRAIL IN BATTLEGROUND PENNSYLVANIA TALKING ABOUT ONE OF TOP ISSUES FOR VOTERS, THE ECONOMY. THIS WEEK HIS BIG SPEECH IS GOING TO FOCUS ON REPRODUCTIVE RIGHTS IN BATTLEGROUND FLORIDA, IN TRUMP'S HOME TURF. HE WILL BE BLASTING THAT SIX-WEEK BAN IN THE STATE THERE. THE STRATEGY, CRAIG, IS TWO FOLD. ONE TO TRY TO KEEP THE FOCUS ON THE ISSUES AS AN ATTEMPT TO CAST HIMSELF AS A STEADY LEADER, AS THE PERSON WHO IS THE OPPOSITE OF BRINGING CHAOS, AND ALSO TO TRY TO LIVE UP TO THE PROMISE HE MADE ON THE CAMPAIGN TRAIL BACK IN 2020, THAT HE WOULDN'T INTERVENE IN THE JUSTICE SYSTEM. SO I ANTICIPATE WE WILL SEE THIS PLAY OUT. LOOK AT OUR LATEST NBC NEWS POLL, SHOWS THAT HE IS NARROWING THE GAP WITH FORMER-PRESIDENT TRUMP NOW JUST TRAILING HIM BY TWO POINTS AS OPPOSED TO FIVE LAST TIME WE TOOK THE POLL, CRAIG. &gt;&gt; MODERATOR OF "MEET THE PRESS," KRISTEN WELKER. BIG THANKS TO YOU. THAT WILL CONCLUDE THE SPECIAL REPORT. WE WILL HAVE MORE ON OUR STREAMING NETWORK, "NBC NEWS NOW" ONLINE AND ON NBCNews.com. THE FULL AND COMPREHENSIVE WRAP</p>

NBC News: Opening statements begin in Trump's hush money trial

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