NEW YORK (NEWSnet/AP) — A defense witness in Donald Trump’s hush money case in New York will return to the stand Tuesday, a day after judge threatened to remove him from the trial over his behavior.

Trump’s lawyers hoped that Robert Costello’s testimony would help undermine the credibility of a key prosecution witness, former attorney Michael Cohen.

But Costello angered Judge Juan Merchan on Monday by making comments under his breath, rolling his eyes and calling the whole exercise “ridiculous,” prompting the judge to briefly kick reporters out of the courtroom to admonish him.

The judge told Costello, a former federal prosecutor, he was being “contemptuous,” adding, “If you try to stare me down one more time, I will remove you from the stand,” according to a court transcript.

The chaotic scene unfolded after prosecutors rested their case and defense took its turn.

Once the defense rests its case, which could happen as soon as Tuesday, Judge Merchan says he plans on sending the jury home until the day after Memorial Day for closing arguments.

Still Pending

 

Donald Trump’s lawyers on Monday urged the judge overseeing this trial to stop the case from going to the jury and throw out the charges after prosecutors concluded their presentation of evidence.

Judge Juan M. Merchan did not immediately rule on the defense request.

Background on the Case

 

The hush money case, formally known as People of the State of New York v. Donald J. Trump, is the first of four criminal investigations pending against the former president to go to trial.

The 34 felony counts of falsifying business records involve a series of incidents and conversations that took place when Trump ran in 2016 for what became a successful election attempt to the White House. He has repeatedly denied any wrongdoing. 

Media Coverage Rules

 

New York state rules do not allow TV cameras during courtroom hearings, although journalists can sit in the courtroom.

There is an overflow room where additional news media can watch the proceedings live via monitor, but visitors are prohibited from recording and photography in the overflow space.

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