In a letter to Manhattan District Judge Lewis Kaplan, defense attorney Joe Tacopina said he should have been allowed to press Ms.
on the stand about why she didn’t pursue the store’s security camera footage and why she didn’t go to the police following the alleged rape.made to try to obtain the security footage would corroborate her claim that there was no one on the sixth floor at the time of the alleged assault. “Proof that the plaintiff never attempted to determine if any such footage of the parties existed constitutes circumstantial evidence that her accusation is false,” Mr. Tacopina wrote.
Mr. Tacopina said it was “prejudicial” that Judge Kaplan isn’t giving him greater leeway in cross-examining Ms.He added that the judge should “correct the record for each and every instance in which the court has mischaracterized the facts of this case to the jury.”