--:-- Gideon Resnick: Good morning. It's Tuesday, May 9th. I'm Gideon Resnick and for Shamita Basu, and this is Apple News Today.
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--:-- Gideon Resnick: 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. But first, a quick warning here that this story involves accusations of sexual assault.
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--:-- Gideon Resnick: 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.
--:-- E. Jean Carroll: Trump has repeatedly denied this. I told the court that I still suffer from traumatic flashbacks today. He said Trump's public dismissal of my accusation did lasting damage to my reputation.
--:-- Gideon Resnick: 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.
--:-- Gideon Resnick: Um, I don't even know who the woman, let's see, I don't know who, it's Marla. You're saying Marla's in this photo? That's Marla, yeah. That's my wife. Which woman are you pointing to? Here. The person you just pointed to was E.J. Carroll. Who is that? Who is this?
--:-- Gideon Resnick: 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.
--:-- Gideon Resnick: Trump's defense team called no witnesses, instead relying on cross-examinations of Carroll and others. In closing statements yesterday, his lawyer Joseph Takapina called Carroll's accusation fiction.
--:-- Joseph Takapina: He emphasized that she could not recall the exact date that it happened and didn't go to the police.
--:-- Gideon Resnick: 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.
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--:-- Gideon Resnick: 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.
--:-- Gideon Resnick: Trump has denied assault accusations over the years. In their closing arguments, Carroll's lawyer said the evidence shows that Trump has what they call a clear pattern of sexual assault that goes back decades.
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--:-- Gideon Resnick: 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.
--:-- Rachel Rubine: Starting today, the FDA's outside advisors are meeting to discuss a French company's application to sell O-Pill.
--:-- Gideon Resnick: 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.
--:-- Rachel Rubine: If it happens, which we 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.
--:-- Gideon Resnick: That's Rachel Rubine. She's a health reporter with The Washington Post.
--:-- Rachel Rubine: 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.
--:-- Gideon Resnick: Those obstacles include finding a doctor or other provider, getting to a clinic, and finding child care.
--:-- Rachel Rubine: 63 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.
--:-- Gideon Resnick: But on the global stage, the United States is behind the curve on offering birth control pills over-the-counter. More than 100 countries don't require a prescription.
--:-- Rachel Rubine: So if the FDA does approve OPIL, it could have a huge impact on unplanned pregnancies. Close to half of pregnancies in the U.S. are unintended.
--:-- Gideon Resnick: That's according to the Guttmacher Institute, a research organization that supports reproductive rights.
--:-- Rachel Rubine: OPIL has been around for decades. In an initial review, the FDA raised some concerns about it, including whether the instructions are clear enough for to take it safely without a doctor's advice.
--:-- Gideon Resnick: This week's review by outside experts is one of the last steps before the FDA makes a decision on no pill which could happen by the end of the summer.
--:-- Rachel Rubine: 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.
--:-- Gideon Resnick: 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.
--:-- Martine Cibeli: NPR reports on what it means for justice when so few cases go to trial.
--:-- Gideon Resnick: Some legal experts and civil liberties advocates say that criminal trials are disappearing because of intense pressure on the accused.
--:-- Martine Cibeli: 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.
--:-- Gideon Resnick: Defense attorneys say that this is especially true for Black and brown people and those from low-income backgrounds.
--:-- Martine Cibeli: NPR spoke to Martine Cibeli, the former president of the National Association of Criminal Defense Lawyers.
--:-- Gideon Resnick: 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.
--:-- Robert Rose: I 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.
--:-- Gideon Resnick: In the end, I was sentenced to 25 years to life instead of the three to nine years that I was offered.
--:-- Robert Rose: And I guess my not wanting to take a plea, you know, frustrated the judge as well as the prosecutor. And as a result, I was punished for, you know, exercising my right to go to trial.
--:-- Gideon Resnick: 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.
--:-- Martine Cibeli: Critics say prosecutors have too much power and the system is tilted against people accused of crimes.
--:-- Gideon Resnick: 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.
--:-- Rodney Roberts: I felt that pressure. He pleaded guilty to sexual assault and kidnapping and served 18 years in custody. He was exonerated in 2014.
--:-- Gideon Resnick: Now he's pushing for change in the legal system. NPR explains how this change may be slow to come, though.
--:-- Martine Cibeli: Prosecutors would have to reconsider how they charge defendants, and defense attorneys would have to rethink how they advise clients.
--:-- Gideon Resnick: The majority of criminal cases are brought at the state and local level, so any change would need to happen state by state.
--:-- Gideon Resnick: The Pulitzer Prize winners are out honoring excellent journalism once again.
--:-- Shamita Basu: 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.
--:-- Gideon Resnick: The awards also honor standout local journalism from AL.com and Mississippi Today.
--:-- Shamita Basu: AL.com won two different awards, one for a commentary series that analyzed how Alabama's Confederate history still affects present-day racism.
--:-- Gideon Resnick: 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.
--:-- Shamita Basu: 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.
--:-- Gideon Resnick: 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.
--:-- Shamita Basu: 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.
--:-- Gideon Resnick: 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.
--:-- Shamita Basu: 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.
--:-- Gideon Resnick: Texas Monthly has the story of Kimberly Mato-Rubio, which we've queued up for you to hear next.
--:-- Shamita Basu: And I'll be back with the news tomorrow.
