Donald Trump Faces New Legal Setback, May Use Age and Cognitive Decline as Defense

The Exonerated 5

By Mary Jones and Tony Bruce | Wednesday, October 23, 2024 | 5 min read

Donald Trump is facing another legal challenge, this time from the five men known as the “Exonerated 5.” Antron McCray, Kevin Richardson, Yusef Salaam, Raymond Santana, and Korey Wise—who were wrongfully convicted in the infamous 1989 Central Park jogger case—have filed a defamation lawsuit against the former president. The suit, filed on October 21 in Philadelphia, alleges that Trump made false and defamatory statements during a presidential debate with Kamala Harris in 2024, accusing the men of crimes they were cleared of years ago.

The lawsuit claims that Trump’s comments were made with “reckless disregard” for the truth. Specifically, Trump falsely stated that the men had pleaded guilty to a crime related to the assault and rape of a Central Park jogger, asserting that they “badly hurt a person, killed a person” during their teenage years. In fact, the five men, who have consistently maintained their innocence, never pled guilty to the crimes for which they were wrongfully imprisoned.

Attorneys representing the Exonerated 5 argue that Trump’s statements were not only false but also damaging. “Defendant Trump’s statements were false and defamatory in numerous respects,” the lawsuit states. “Plaintiffs never pled guilty to the Central Park assaults. Plaintiffs all pled not guilty and maintained their innocence throughout their trial and incarceration, as well as after they were released from prison. None of the victims of the Central Park assaults were killed.”

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Central Park 5 Share Their Stories on Netflix

In response to the lawsuit, Trump’s campaign spokesperson, Steven Cheung, dismissed the case as a “frivolous” attempt at “Election Interference.” He suggested that the lawsuit was a distraction aimed at shifting attention away from Kamala Harris’s political agenda and her campaign’s difficulties.

The relationship between Trump and the Exonerated 5 has been fraught for decades. In 1989, the then-teenagers were wrongfully charged with the brutal assault of Trisha Meili, a white jogger who was attacked in Central Park. Under intense pressure from law enforcement, they gave false confessions that led to their convictions. Trump, a prominent New York City businessman at the time, took out a full-page advertisement in several city newspapers, calling for the return of the death penalty in response to the case. The ad famously read: “BRING BACK THE DEATH PENALTY. BRING BACK OUR POLICE!”—a rallying cry that sparked widespread controversy.

Years later, in 2002, the five men were exonerated when DNA evidence linked another man to the crime. Despite their exoneration, Trump has never apologized or retracted his original statements. In a 2014 op-ed for the New York Daily News, he labeled the city’s $41 million settlement with the men as a “disgrace.”

The wrongful conviction of the Central Park Five has since become a symbol of systemic racism and the unjust targeting of Black and Latino men within the U.S. justice system. The case continues to fuel discussions around the inherent biases of law enforcement and the media’s role in shaping public perception.

The defamation lawsuit gained traction after a heated moment during the 2024 presidential debate between Trump and Kamala Harris. Harris directly called out Trump’s actions from the 1989 case, saying, “Let’s remember, this is the same individual who took out a full-page ad in The New York Times calling for the execution of five young Black and Latino boys who were innocent, the Central Park Five. Took out a full-page ad calling for their execution.” Harris’s remarks reignited public scrutiny of Trump’s handling of the case.

In response, Trump defended his past statements, asserting that the five men “admitted they were guilty,” despite the fact that they have consistently denied the charges and were exonerated over two decades ago. His 1989 newspaper ad was included as evidence in the new lawsuit, underlining the impact it had on the men’s reputations.

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SEAMLESS SCULPT MID THIGH BODYSUIT

The Exonerated 5 are seeking compensatory and punitive damages for the harm caused by Trump’s continued false assertions. In their view, his refusal to acknowledge the truth and his insistence on casting them as guilty perpetuates the original injustice they endured.

As Trump confronts this latest legal challenge, there is speculation about his potential defense strategy. Some experts suggest that his legal team might invoke his age—now in his late 70s—and possible cognitive decline as a defense against the defamation claims. This approach would mirror tactics used in other high-profile cases, where defendants have argued diminished capacity due to age-related cognitive issues. Additionally, some analysts believe Trump could be projecting his own past experiences onto the Exonerated 5, complicating his perception of the case.

However, such a defense could be a double-edged sword for the former president, particularly if he remains a prominent political figure. Acknowledging cognitive decline could undermine his credibility in future public appearances and campaigns. Nevertheless, with mounting legal pressures from multiple fronts, Trump may consider all options in an effort to mitigate the risks associated with this case.

The outcome of the lawsuit is yet to be determined, but it marks another chapter in the long and complex saga between Donald Trump and the Exonerated 5—a case that continues to evoke strong emotions and serves as a reminder of the deep-rooted racial and social divides in America.

Copyright 2024 FN, NewsRoom.

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