right now, donald trump is sitting insides a courtroom as lawyers for e. jean carroll are playing videos for the jury, videosos of donald trump talkin about his money and wealth. carroll's team is trying to convince the jury that donald trump should pay carroll millions more in defamation da damages. as part of trump's defense, the question remains if he'll take the stand himself. cnn is getting -- cnn's paula reid is getting live updates from the courtroom and is here with us. also with us is cnn legal analyst, former federal

prosecutor jennifer rogers. and senior legal analyst and former assistant u.s. attorney, elie honig. what's happening in the courtroom? >> things are moving faster than anticipated. e. jean carroll's team has one witness left, her former editor. her testimony lasted an hour and a half to two hours. today, it was 10, 15 minutes. >> do we read into that? >> i think it's that they don't need her full testimony. in the spring, they were talking about several issues, right? there were the allegations of rape, defamation, and damages. here, the jury already decided that trump a ibused e. jean carroll. here, they're looking at a defamatory statement made in 2019. narrow focus for the jury. e jen . jean carroll's lawyers wrapping up the case, introducing exhibits. a deposition before, trump confused e. jean carroll and his ex-wife, marla maples, as well as sort of a press statement.

he did not take questions last week, where he attacked the judge and e. jean carroll. they're playing a few exhibits, then it'll be time for the trump defense team to put on their case. the question of the day is will he or won't he testify? >> let's talk about the videos. they're things we have seen before. maybe not this jury maybe hasn't seen before. why would they want to put this on as basically kind of like the final, final? >> yeah, first of all, tonit's video. there is nothing donald trump can say to deny what he said. it'll go to the ongoing defamation of e. jean carroll, the fact he's done this intentionally, repeatedly. second of all, to go to his wealth and how much money he has. the argument you'll hear from prosecutors in closing and throughout the trial is you have to make it hurt here a little bit. if you're trying to send a message, if you're trying to send punitive damages, you have to do enough so he can't dash off a check and not think of it again. >> jennifer, you say that it is a terrible idea for trump to testify. why? >> i think elie agrees by that

chuckle. the issue is narrow here, just about damages. trump is an undisciplined speaker. there is no way he'll be able to stick to what the judge says he can talk about, which is just damages. he can't say, "she's a liar. she lied about me." he can't say, "i didn't sexually assault her or rape her." he's limited to talking about how she was damaged from this, which really isn't something he can say that much about. i think it is going to go badly. the judge will cut him off, and it won't look good in front of the jury. >> to that point, one thing judge kaplan may do is ask for a proffer. meaning this, send the jury back to their room so they're not in the courtroom, and say, mr. trump, you'll testify here. i want to hear from you and your lawyers what you think you're going to testify about, so this is not a free-for-all. then judge kaplan can say, okay, that's in bounds, i'll allow you to testify to that, or he might say, no, i already set the boundaries here. what you told me doesn't fall in the narrow guidelines that judge kaplan set, that was laid out, and i'm not letting you. he may do that as a way to

protect his courtroom. >> i think no matter what happens, if he does try to take the stand, if he doesn't, if there is a proffer, he is going to argue, as he has consistently, that he is the victim of an unfair system. >> step outside -- >> yes, it is the court of public opinion where he is making this argument. physically, he can do it from anywhere, right? the witness stand is another opportunity for them to, again, be a loud martyr. what differentiates this case opposed to, for example, the january 6th federal elections aversion case is they're litigating serious constitutional questions there of his rights, potential immunity. most legal experts say he doesn't have it, but he certainly has the right to raise that question. we're here in this damagies trial. they have to work to manufacture controversies. he is complaining about instances where he and his attorneys refused to follow the rules that would apply to any other lawyer or person in a courtroom. then they run out of court and say, "they've been unfair." >> at this point, can trump's attorney, with alena habba push

back on the parameters? is there an appeal, a fight to be had still around that? >> i'm chuckling because i've been in that situation, trying to push back. once judge kaplan made a determination, it doesn't go well. she can try. he'll shut it down immediately. by the way, i think the parameters that judge kaplan has set are perfectly appropriate. >> how do you describe them? how narrow is it? >> yeah, cannot testify about whether he sexually assaulted e. jean carroll. >> that has been litigated. >> at a trial he did not attend. >> thank you, paula. >> cannot testify about whether it was defamation, whether it's a lie. his statements were lies or not. all that is in play here is damages. all he can testify about is anything relating to damages. >> i have this much money, and i think she should not have this much money. >> he has an appeal, of course, but this is a civil matter, not criminal. there are fewer protections for a defendant in this situation. it's not like his freedom and liberty are on the line. the parties are essentially

equal. >> comparing two civil cases, you have the civil fraud case and the defamation case. the big difference is, no jury, jury. picking a fight with a judge when there is no jury may be one thing. what does it do if you pick a fight with a judge in front of a jury? >> it is a terrible idea. juries love the judge. that's the person they look up to, the authority figure, the neutral person who sends them their lunch and takes care of them. it is a terrible idea to fight with the judge in front of the jury. they will not like it one bit. >> not to get overly psychological about it, but the judge almost becomes a parent figure to the jury. the judge provides the food and the guidance. >> when you use the bathroom, all of it. >> this is my psychology degree coming into play. >> thank you very much. >> we have an update. federal court, no cameras in the courtroom. we're relying on our colleagues inside. minute by minute updates. we're told that right now the jury is on a break. after that, we'll see if they have any more exhibits to

introduce, and then, of course, it'll go to the defense, which is when we'll see, perhaps, if trump will or will not testify. >> more updates coming. paula reid, stay close. thanks, guys. sara. >> quite a power panel you have assembled there, kate. >> power emanating. i'm the one detracting from the power, but everyone else. >> not true at all. just hours from now, a controversial, new execution method that has never been used in the united states. some say it could lead to excessive pain or torture, now set to be used on an alabama inmate. the inmate again asking the supreme court to intervene to stop it. emotional testimony also from a teacher wounded in that michigan school shooting. the historic trial that could see the shooter's mother punished for what her son did if she is convicted. and the popular over the counter cough syrup robitussin issuing a recall. the reason and the products you need to check, coming up.

happening now, you're looking at live pictures from a michigan courtroom. this is a trial that really could set precedent there. at issue, can parents be criminally convicted if their child commits a mass shooting? jennifer crumbley and her husband are the first parents ever to be prosecuted for their child's actions in that type of a shooting. this is the assistant principal from the school in question. the parents are charged with

involuntary manslaughter after their son shot and killed four students at oxford high school in 2021. cnn's jean casarez has been following this case from the very beginning. there have already been emotional and dramatic moments on the stand this morning, jean. >> well, we're in the prosecution's case, and they are starting out with the emotional, most definitely. on the stand now is cathy gibson marshall, assistant principal of oxford high school. she was walking down the hall. they believe they had an active shooter, but here's what makes her, i say, special. she taught ethan crumbley -- and i'm saying his name -- but she taught him in elementary school. she knew him. she's walking, and all of a su sudden, he sees him and says, "it can't be ethan. i know ethan. it can't be him." then she sees a victim, a student she had taught, cared about so much, and her testimony is so emotional.

also very important because the defense can work with that because she never dreamed ethan could do anything like that. now, i want to tell you about the first witness on the stand. it was a living survivor, an educator who had been shot but survived. her name was molly -- is molly darnell. she showed the jury her bullet wounds on her arm, the entrance and exit wounds. here is some of her testimony. >> you just described you saw something in your peripheral vision. you looked up. you locked eyes. >> i locked eyes. he didn't hesitate. >> okay. about how long was that, from the time you saw the peripheral vision and then the gun was raised? >> a second. >> okay. >> if that. >> i kind of jump and turn my body this way at the same time. >> okay. for the record, you're motioning turning to the right? >> to the right.

and i feel like my left shoulder moves back a bit, and i feel a burn, like hot water had stung me. i texted my husband, "i love you. active shooter," then i started feeling blood dripping down my arm. >> just moments after that is when she did show the jury her wound. she actually took off her jacket, and this is rare in a courtroom, she is showing where the entrance and exit wounds were on her arm. she is lucky to be alive. four students died, and that is why we are in this courtroom today. you might feel that it is unusual because jennifer crumbley was at her work. she was an hour away from the high school. she worked for a property management firm. but the prosecution is saying, you are responsible for the death of those four students because of your gross negligence. we're hearing from living victims. we will hear about autopsy reports. we will hear about the victims

who died. because the prosecution is saying, you, jennifer crumbley, are responsible. defense is saying, independent act. ethan crumbley pulled the trigger. he is responsible, not jennifer. >> again, this would really be the first of its case verdict if it did go against the parents for what they really did not do incasarez, thank you for being with us. keep moderating and let us know when the news happens. sara. >> dramatic testimony. here's another first of its kind. the clock is now ticking on ala alabama about to do something we've never seen in the united states. kenneth eugene smith is set to be put to death by nitrogen gas pending his second last-minute appeal. this is a new and untested method of execution that his attorneys claim could cause excessive pain or even a to torturous death. smith is on death row for his part in a 1988 murder for hire of a minister's wife. this morning, his attorneys

asked the supreme court again to pause this execution. i want to bring in brian stevenson for more perspective on this. he is the founder and executive director of the equal justice initiative. first of all, we talked a little bit before the break. are you involved in this case in any way, and, if so, what sorts of things have you been saying? >> well, we've been working with the attorneys representing mr. smith for quite a while. they were recruited by our office to take on this case. we've been arguing for a long time that alabama should suspend executions in light of the multiple failed executions that have taken place over the last two years. mr. smith was taken to the chamber in 2022, strapped to a gurney for four hours, and the state could not complete the execution because they could not access his veins. we thought it was barbaric and torturous. based on that, he should not be

subjected to a sent execution, period. the state changed the method tonig tonito nitrogen, untested method, and now they're going to experiment on him, someone already traumatized by the torturous attempt in 2022. >> we heard some information and sound from those who are standing by him. a minister who, he has said, that he is extremely concerned that he will die from choking on his own spit or his own vomit in this particular case, and that his wife will be there to see that. are those some of the arguments that will be made when you talk about the potential of this being torture, which is not supposed to be part of the process, obviously? >> well, i think it is even more precise than that. mr. smith was subjected to something cruel and unusual in 2022. i just want to stress that he

was told for weeks he was going to die on a state certainty. he was strapped to a gurney for four hours. for two of the jabbing him, trying to access a vein. any minute, he believed he'd die. at one point, they put him in a stress position where they raised the gurney so he was vertical with his arms spread so they could jab the needle into his neck. they did not succeed in killing him, but he was traumatized. since that time, we've been arguing that the state doesn't have the competency to carry out these executions. they switched the method, and now they're saying they have the scale to carry out a method that is untested and never used before. that's the essential argument. yes, he's also been vomiting persistently for the last several days. it is a symptom of the trauma. if you vomit with a sealed mask on, the experts have testified, you will asphyxiate and basically suffocate, drown in

your own vomit. that would violate human rights and basic norms of punishment. >> the eighth amendment guards against cruel and unusual punishment. i want to ask you whether you think the supreme court will weigh in or what you think about the fact that, so far, they have not? >> well, last night, the 11th circuit denied a stay, but it was over a vigorous decent by one of the judges, judge pryor, and even one of the judges who concurred raised a lot of questions about this. we'll have to see what the supreme court does. i certainly think the supreme court would have ample justification for stopping this execution. they allowed alabama to proceed in mr. smith's case before, and alabama could not complete the execution constitutionally. they allowed this to happen in allen miller's case, and it didn't work. the court has to stop trusting the state that's repeatedly failed to carry out these

executions. the court has something added in this case, which we need to keep in mind, which is that the jury in the case, upon hearing evidence, believed mr. smith should not be subject to the death penalty. they gave a verdict of life, only because the elected judges can override the verdicts of life that mr. smith is facing execution. he couldn't be executed in any other state in this country, which is a point the attorneys have been emphasizing, as well. >> we will be watching this case. the time is about 6:00 p.m. when they expect the execution to happen. if there is no stay. brian stevenson, thank you so much for running all that down for us on this complicated case and a potential first of its kind in the country using a drug that has not been used before in an execution. we appreciate your time. >> thank you. a manhunt is happening right now in philadelphia for a 17-year-old. he is a murder suspect who fled custody while being taken to the hospital. one source tells cnn he likely had help after he escaped.

south carolina is feeling different on the campaign trail. donald trump going scorched earth, full scorched earth against nikki haley, and nikki haley literally saying, "bring it, donald."

even on the day he was going on and on about january 6th, you

know, we talked about, okay, he was having a moment, he was confused. it also goes back for why i continue to push for a mental competency test for anyone over the age of 75. >> that's nikki haley last night in south carolina raising these new and direct questions about donald trump's age and mental acuity. so is it working? with me now, the very young and very sharp senior data is here. harry, what do people say about mental sharpness? >> i hope the mental sharpness is with me, but with this long week, who knows? for president, this is among the general electorate. this is interesting. in fact, the plurality of voters say, no, donald trump does not have the mental sharpness to serve effectively as president. just 47%. but look at the joe biden numbers. joe biden numbers on this are absolutely crazy.

69% of voters say that, in fact, joe biden does not have the mental sharpness to serve effectively as president. yeah, voters aren't necessarily in love with the idea of donald trump serving effectively as president, but they really are not in love with the idea of joe biden having the mental sharpness. >> we are still in a republican primary. >> yes. >> is there an avenue for nikki haley to be going after donald trump on this issue in a republican primary? >> right. this is the general electorate. let's look among republicans. does trump have the soundness to serve among republican voters? different ball game than the general electorate. 83% say, yes, he has the mental soundness to serve effectively as president. 15% say no. this is something we've seen throughout the nikki haley messaging. she's focusing on a general electorate. the gop primary electorate is just a completely different universe. thetheason why donald trump has the significant lead he does. >> south carolina, no party regis

registration. if she's staying in there, democrats can vote, in theory, in the primary. >> they absolutely can. of course, in new hampshire, where independents could vote, it made the race closer. trump still won. >> let's talk about joe biden. this number, his numbers have not been getting better. >> they've gotten significantly worse. i think this is something that i'm not sure all of us have necessarily taken into account. you know, joe biden is obviously the oldest president ever and was running to be so back in 2020. then, biden has the mental sharsh sharpness to serve as president, 51%, the majority, said yes. now, 28%. 69% has ballooned from the 43%. it is part of the messaging drurc donald trump will use in the fall. >> harry, sharp as a tack. thank you for being here. joining us now, jackie and ana navarro, senior commentator. jackie, i want to ask about what

we saw last night. not specifically nikki haley talking about donald trump's age, but nikki haley at all in south carolina, campaigning, sounding very much like she is in this. what do you think? >> i mean, it's not only yesterday, she's got plans and rallies through the weekend. it seems like she is going all in on south carolina. i mean, it is her home turf. but as harry points out, it's also very republican donald trump loyal state. she's going to have to convince folks and remind them what she was like as governor. also, it's not happening in a vacuum. trump will be pouring money into the state. he clearly has the south carolina establishment to echo some of the things he's putting out there. >> anna, you did hear nikki haley going after donald trump a bit in south carolina last night. kate had a terrific interview with sarah longwell last hour, a republican who was anti-trump,

who wants to see more than what nikki haley is doing. listen what she said last hour. >> can i say one thing on nikki haley? >> yeah. >> you know, it is time for her to go the full liz cheney, right? there is no path for her. there is no math for her. this republican party has changed to the point where donald trump owns this party. but nikki haley has a chance to go down swinging and to be a legend and burn the boats. i want to see that from her. because the party is not going to have her back. >> be a legend. burn the boats. first of all, a, do you think nikki haley would ever do that? b, would it make any difference? >> well, nikki haley is not liz cheney, right? she's from south carolina. they've got -- >> nikki haley is not liz

cheney. >> she's got nothing. >> sorry. are you still talking? all right. we have a connection issue with ana there. jackie, i'll have you answer this question, and ana can listen in. participatory listening. >> well, so i don't think that's who nikki haley is, and we've kind of already seen that strategy. his name was chris christie. he didn't get very far. he left it all on the field. he ran a very liz cheney esque campaign, if you will. just going after trump relentlessly. speaking his truth and really using every opportunity possible to remind voters what happened in the trump presidency, particularly at the end, and what is going on in the courts. haley hasn't done that. even now when she is attacking the former president, she's not talking about the ongoing court cases or january 6th. when she's talking about things he's saying that aren't true, it

is about what he is saying about her. that just doesn't seem to be what her strategy has been. it's been the, let's move on from trump. thanks but next, rather than he's dangerous for the country. you've got to vote for me. >> again, ana continues to listen in here smiling, no doubt. jackie, i want to put a number on the screen. >> sorry, ana. >> the gross domestic product for the last quarter of the year, which you'll see, and if not, take my word for it. 3.3%, which was double that what was expected. will we now hear shouts of what a great economy it is on the campaign trail? is this everything biden wanted? can he take advantage of it? >> that has been the question i think of the biden campaign so far. they have been screaming from the rooftops about the economy. they've really tried to put it out there. the issue is, and i've heard this from voters in new

hampshire, not necessarily biden voters, but, you know, people that are on the fence, that they don't feel it. they're not feeling that the economy is better. there is a real disconnect there, and they haven't been able to break through it. now, whether this starts to actually matter in people's everyday lives -- not matter but be felt in people's everyday lives, that remains to be seen, john. but that is a huge, huge question going into the general election which seems like we're getting closer to. >> yeah, some of the consumer confidence numbers are starting to tick up. there was the biggest two-month gain in, like, 30 years. >> sure. >> the question is, will you start hearing that from voters out there on the trail? jackie kucinich, ana navarro, and our internet provider, thank you, all, very much. >> thank you, john. a manhunt is under way for a teenager who escaped police custody, accused of killing a woman and is awaiting, when he fled, the search nearly 4 ly 24s

after his escape. that's ahead.

right now, a manhunt in pennsylvania is under way for 17-year-old shane pryor. he's an image of him here. he is charged with murder, awaiting trial in philadelphia. he escaped custody while being transferred to a hospital yesterday. one source says he likely had help after this escape. cnn is in philadelphia and has more on what's happening here. danny freeman has more. what are you hearing about this?

>> reporter: i was told investigators believe that this man, shane pryor, is still in city limits in philadelphia, and that's where they're still concentrating their search. also, as you've noted, i was also told that investigators believe he did have help once he ran away from this medical transport. kate, let's take a step back. again, it is almost exactly 24 hours ago that shane pryor, 17 years old, escaped from custody. he was charged with a murder back in 2020. he was accused of murdering a woman in an alley. he's been awaiting trial, though, since then, has been in the philadelphia juvenile justice services center. he was arrested when he was 14 years old. yesterday, like i said, 24 hours ago from this exact moment, he was transported from the juvenile detention center to the children's hospital philadelphia when police then say he ran out of the vehicle he was being transported in and basically evaded capture and has stayed on the run since then. now, notably, there are a few things that came up in this police press conference yesterday afternoon. first, it appears from

surveillance video that mr. pryor was not in any restraints. he had no handcuffs on, no shackles on, which was how he was able to run away from those who were transporting him. the other thing that police said is he actually seen on other surveillance videos and from other witnesses going from building to building, potentially looking for a cell phone or other resources to get out of the area. well, that law enforcement official i spoke with this morning says that they believe he was able to contact someone and that someone has been able to help him. so it is a bit of a mess. 4 h 24 hours later, no reported, confirmed sights of him at this point, but police are saying this is a dangerous individual. they're having philadelphians or anyone in the area, if you come into contact with him, just call police. at this point, we're also, i should mention, kate, i was in contact with his defense attorney. we'll expected to hear from the attorney who has been representing him later today. >> danny, thank you so much for

that update. from household name to business tycoon to felon and her incredible comeback. we have a sneak peek at a cnn original series on "the many lives of martha stewart." first, here is dr. sanjay gupta with today's "chasing life." >> i'm dr. sanjay gupta, host of cnn's "chasing life" podcast. we've all seen this scene in a movie. a character goes through heartbreak and is now surrounded by ice cream, takeout containers, unhealthy snacks. though this is typically exaggerated, these scenes are rooted in some degree of truth, because our emotions do impact how we eat. it's why they're called comfort foods. now, research does show that emotional eating is, in many ways, a biological response when we have intense feelings. our bodies make these hormones that make us seek out comfort in food. there are ways to control these cravings. for example, take a tea break.

sipping on beverages like tea can help these emotional cravings pass. i can tell ya, it works pretty well. go for busy snacks. that means foods that keep your hands moving. vegetables and a healthy dip. pre-proportion some of your favorite snacks to avoid over indulging, and keep the tempting foods off the kitchen counter. finally, if what you're doing isn't working, talk to a professional about your emotions and how they might be impacting your dietary choices. you can hear more about how to optimize your health and chase life whenever you get your podcasts. >> announcer: "chasing life" by dr. sanjay gupta is brought to you by --

has made her mark on american culture through her special brand of domestic perfection. now the cnn series "the many lives of martha stewart" chases her rise to success, staggering fall from grace, and comeback and accomplishment as a true american icon. >> we're here this afternoon to

announce the filing of criminal charges by this office, and civil charges by the s.e.c. against martha stewart. >> the martha stewart case was the first time most americans had probably heard the name james comey. what they didn't know is they'd be hearing that name a lot as the years passed. >> now when comey brought the charges against martha stewart he emphasized we're charging you for lying to the federal authorities. >> this criminal case is about lying. lying to the fbi. lying totzek. lying to the s.e.c. and lying to the investors. that's conduct that will not be tolerated by anyone. >> so ultimately a decision is made not to prosecute her for insider trading. >> martha stewart is being prosecuted not because of who

she is but because of what she did. >> joining us now you saw him in the clip, allen chernoff who covered martha stewart for years. i was struck by how young we all were but i won't get into that. >> me too. >> i was struck by james comey. that was part of her fall and she has shot back up given, risen back up again. but tell me about why that case got so much attention? >> stories don't get better than this when you're a news reporter. the martha stewart case is really a modern day greek tragedy. here you had the goddess of domestic perfection, she could cook, bake, style, everything was perfect, she was the model for not just the united states, america, almost the world, world

famous. just famous beyond belief. and then, she had this downfall. what was her tragic flaw? because in a greek tragedy you have to have a tragic flaw. hubris. excessive pride. because of her hubris, martha stewart could not admit that she committed a crime, she traded stock illegally. as a result she lied to federal investigators. >> it wasn't insider trading it was the lying about what happened. i want to ask you because one of the big things that a lot of people talked about during that time, remember these arguments, even at dinner tables. people were saying this they're going after her because she's a woman, a woman of this stature, this happens all the time on wall street why is she getting

hit. what were the conversations you were getting into? >> and martha stewart did claim it was unfair she was being prosecuted because of her fame, reminds us of what may be happening now with a former president. aside from that, martha stewart was charged with lying to the feds not the insider trading. she could have admitted to her crime, trading on illegal inside information, illegally trading. so she decided not to do that, and as a result because she had that hubris, because she couldn't admit, she had to be perfect in the public eye, she had to be perfect in her own mind. so as a result she then was charged and eventually went to prison. >> she served, i think, what is it five months or so in prison? >> she did. >> she made friends with the folks in prison and then she made friends with snoop dogg, which is part of her rise. she has become cool if you will. before it was about perfection and now it's about being cool.

she has remade herself. >> right. she has remade herself. she has a rap sheet, she's a bad girl now, which is perfect for the instagram age. martha stewart is all about that, snapping selfies and all that. she is famous because of everything she's been through. but it's an amazing story. >> it is. i can't wait to watch it. it is going to air in a series starting sunday at 9:00 p.m. thank you so much. it's good to see you. >> thank you. my pleasure. that's going to do i it for c cnn n "news centntral." "inside popolitics" isis next.

today on "inside politics," bring it donald. that's nikki haley's message to the former president as she taunts the all but certain republican nominee and ignores calls to drop out. hi