Witness Robert Costello is scolded by Justice Juan Merchan, who momentarily cleared the courtroom during former U.S. President Donald Trump’s criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, U.S. May 20, 2024 in this courtroom sketch.
Jane Rosenberg | Reuters
The man who might be the most significant defense witness for former President Donald Trump — and the last witness in his New York criminal hush money trial — resumes testimony Tuesday, a day after a judge ripped him for disrespectful conduct on the witness stand.
The witness, criminal defense lawyer Robert Costello, was sharply warned Monday afternoon by Judge Juan Merchan for glaring at the judge and muttering in disdain when Merchan upheld objections from prosecutors.
“I’m putting you on notice that your conduct is contemptuous now,” Merchan told Costello, after clearing the courtroom of most of the public and press when he had had enough of the former federal prosecutor’s antics.
“If you stare me down one more time, I will remove you from the stand,” Merchan warned, according to a transcript of the verbal beatdown.
Costello is expected to resume testimony about his dealings with Trump’s then-fixer and personal lawyer Michael Cohen in early 2018, after Cohen’s home and offices were raided by the FBI for a criminal probe that included eying his $130,000 payment two years earlier to porn star Stormy Daniels.
Cohen has said he paid Daniels to keep her quiet about a one-off sexual tryst with Trump in 2006 to keep her from damaging his chances in the 2016 presidential election.
Trump, who denies having sex with Daniels and a Playboy model who separately got hush money from a supermarket tabloid publisher friendly with him, is charged in the criminal case with falsifying business records related to reimbursing Cohen for the payment.
Trump’s lawyers have used Costello’s testimony to try to undermine Cohen’s credibility to jurors.
Jurors are expected to hear closing arguments May 28, and potentially begin deliberations that day.
This is developing news. Check back for updates.
