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What to know as jurors consider the Trump civil case · Apple News Today

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  Gideon Resnick, Narrating: Good morning! It's Tuesday, May 9th. I'm Gideon Resnick in for Shumita Basu, and this is "Apple News Today." On today's show, the FDA weighs whether birth control pills could be sold over the counter, why criminal trials are becoming an endangered species, and the Pulitzer Prizes celebrate great journalism.
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  But first, a quick warning here that this story involves accusations of sexual assault.
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  Today, a jury will start deliberating whether former President Donald Trump should be held liable for battery and defamation. The civil suit was filed by the writer E. Jean Carroll, who says that Trump raped her in a department-store dressing room in the mid-'90s. Trump has repeatedly denied this.
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  Carroll told the court that she still suffers from traumatic flashbacks today. She said Trump's public dismissal of her accusation did lasting damage to her reputation.
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  Now, since this is a civil case, not a criminal one, Trump does not face prison time, but he could be liable for damages. Trump didn't testify, but during the trial, the jury watched deposition footage where Trump mistook a photo of Carroll for his former wife.
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  [START THE WASHINGTON POST ARCHIVAL CLIP]
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  President Donald Trump: Um… I don't even know who the woman… Let's see. I don't know who the… It's Marla.
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  Lawyer 1: You're saying Marla's in this photo?
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  Trump: That's Marla, yeah. That's… That's my wife.
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  Lawyer 1: Which woman are you pointing to?
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  Trump: Here.
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  Lawyer 2: That's Carroll.
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  Trump: Oh, is that… Oh.
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  Lawyer 1: The person you just pointed to was E. Jean Carroll.
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  Trump: Oh, I see. Who is that? Who is this?
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  Lawyer 2: [CHUCKLES] Just furthers the point.
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  [END THE WASHINGTON POST ARCHIVAL CLIP]
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  Carroll's legal team seized on that moment, saying it disproves Trump's statement that Carroll was "not his type." He had used that line as a defense.
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  Trump's defense team called no witnesses, instead relying on cross-examinations of Carroll and others. In closing statements yesterday, his lawyer, Joseph Tacopina, called Carroll's accusation "fiction." He emphasized that she could not recall the exact date that it happened and didn't go to the police.
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  Two of Carroll's friends testified that she had contacted them shortly after the alleged assault to tell them about it. The jury also heard testimony from two other women who accused Trump of sexual assault. One told jurors Trump groped her on an airplane in the 1970s. Another said Trump pushed her against a wall and kissed her at Mar-a-Lago. Trump has denied assault accusations over the years.
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  In their closing arguments, Carroll's lawyers said the evidence shows that Trump has, what they call, a "clear pattern" of sexual assault that goes back decades.
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  For the first time, the FDA is considering whether Americans should have the option to purchase birth-control pills over the counter without a prescription.
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  Starting today, the FDA's outside advisors are meeting to discuss a French company's application to sell Opill. They'll evaluate if the benefits of making the drug more widely available outweigh the potential risks, and they could recommend that the FDA approve it to sell over the counter.
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  Rachel Roubein: If it happens, which would need sign-off from the Food and Drug Administration, that would mark a milestone in a reproductive health landscape that has been shaken by major legal and political upheavals this past year.
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  That's Rachel Roubein. She's a health reporter with "The Washington Post." She told us what a big deal this could end up being.
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  Roubein: Supporters say some of the biggest beneficiaries would be potentially women from rural or low-income areas who have faced barriers to obtaining prescription pills. Those obstacles include finding a doctor or other provider, getting to a clinic, and finding childcare.
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  Sixty-three years ago this month, the FDA approved the first birth-control pill in a landmark decision that's credited with giving generations of women more sexual and economic freedom. But on the global stage, the United States is behind the curve on offering birth-control pills over the counter. More than a hundred countries don't require a prescription.
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  So, if the FDA does approve Opill, it could have a huge impact on unplanned pregnancies. Close to half of pregnancies in the U.S. are unintended. That's according to the Guttmacher Institute, a research organization that supports reproductive rights.
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  Opill has been around for decades. In an initial review, the FDA raised some concerns about it, including whether the instructions are clear enough for people to take it safely without a doctor's advice. This week's review by outside experts is one of the last steps before the FDA makes a decision on Opill, which could happen by the end of this summer.
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  Now, should it get approved, there will be cost questions. Advocates for selling the pill over the counter also want action to make sure it's covered by insurance.
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  The right to a fair trial is promised by the Constitution, but in reality, criminal trials are rare. The vast majority of cases end in plea deals, about 98% in the federal system. "NPR" reports on what it means for justice when so few cases go to trial.
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  Some legal experts and civil-liberties advocates say that criminal trials are disappearing because of intense pressure on the accused. Many defendants and their attorneys worry that the legal system will treat them more harshly if they take their case to trial and lose instead of accepting a plea deal. Defense attorneys say that this is especially true for Black and Brown people and those from low-income backgrounds.
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  "NPR" spoke to Martín Sabelli, the former president of the National Association of Criminal Defense Lawyers.
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  [START NPR ARCHIVAL CLIP]
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  Martín Sabelli: I've read transcripts in which judges say things like, "If you plead before trial, you get mercy. After trial, you get justice." That's a threat.
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  Robert Rose faced a threat like that. He told "NPR" he believes he received a harsher sentence for rejecting a plea offer and taking his case to trial.
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  Robert Rose: In the end, I was sentenced to 25 years to life instead of the three to nine years that I was offered. And I guess my not wanting to take a plea frustrated the judge as well as the prosecutor, and as a result, I was punished for exercising my right to go to trial.
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  Prosecutors argue that plea deals can be good for defendants and the justice system. They give people a chance at a shorter sentence and save the time and expense of trials.
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  Critics say prosecutors have too much power, and the system is tilted against people accused of crimes. Pressure to strike a plea deal can be so strong that innocent people sometimes plead guilty out of fear that they'll lose a trial and get a harsher sentence.
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  Another person "NPR" spoke to, Rodney Roberts, said that he felt that pressure. He pleaded guilty to sexual assault and kidnapping and served 18 years in custody. He was exonerated in 2014. Now he's pushing for change in the legal system.
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  "NPR" explains how this change may be slow to come, though. Prosecutors would have to reconsider how they charge defendants, and defense attorneys would have to rethink how they advise clients. The majority of criminal cases are brought at the state and local level, so any change would need to happen state by state.
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  The Pulitzer Prize winners are out, honoring excellent journalism once again. The winners for coverage of national and international issues include "The Atlantic," "The Wall Street Journal," "The Washington Post," "The New York Times" and the "Associated Press." The awards also honor standout local journalism from "AL.com" and "Mississippi Today."
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  "AL.com" won two different awards, one for a commentary series that analyzed how Alabama's confederate history still affects present-day racism. The news outlet also took home the Local Reporting Prize for investigating predatory policing. That reporting actually led to the resignation of a police chief and four new laws.
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  An investigation from "Mississippi Today" was the other winner in the Local Reporting category. It revealed how a former governor steered millions of dollars in state welfare funds to family and friends, including the former NFL quarterback Brett Favre.
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  We've created a special collection pulling together some of the award-winning journalism. You can find that in the Apple News app, along with all of today's news.
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  And if you're already listening in the News app, stick around. We've got a narrated article coming up for you about a Uvalde parent who's fighting to change gun laws after her daughter was shot and killed. It's a good moment to hear this story because Uvalde parents are marking a surprise victory. They're backing a bill to raise the age to purchase assault-style weapons from 18 to 21. And yesterday, it unexpectedly passed a Texas House committee. Now, it still faces long odds to become law, but for supporters, it marks an important symbolic win.
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  "Texas Monthly" has the story of Kimberly Mata-Rubio, which we've queued up for you to hear next. And I'll be back with the news tomorrow.
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