'Make or break': Expert says Trump 'will be punished by a jury' for misbehaving in court

Republican presidential candidate and former President Donald Trump speaks during a campaign rally at the SNHU Arena on January 20, 2024 in Manchester, New Hampshire. (Photo by Chip Somodevilla/Getty Images)

Donald Trump may have already sealed his fate in his first criminal case by misbehaving in court, a defense attorney said on Saturday.

Trump has been reported as sleeping in court, as well as muttering in the direction of a juror and even complaining about the "freezing" cold while in court. In the court of public opinion, that's no big deal, but juries pay extra close attention, according to MSNBC legal analyst Danny Cevallos.

Cevallos appeared on MSNBC over the weekend, where he was asked, "How do you think Trump's courtroom behavior could affect the trial?"

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Cevallos replied, "This is so frustrating for criminal defense attorneys like me because criminal defense attorneys will tell their client, look, I will handle everything at trial. I have prepared cross examination and have all the exhibits lined up, you, sir, just have to sit there and look not guilty."

He then added, "And don't fall asleep, because here's the thing, the jurors are watching every criminal defendant all the time. That is the criminal defendant you have never heard of. In this case, with the most infamous criminal defendant, they're watching him the entire time. The lawyers will be looking to see if they can get eye contact with the jurors because they will be staring at him the entire time. I don't want to sound dramatic, that he could make or break his case with his misbehavior in the courtroom."

He further said it's a pretty hard-and-fast rule that "jurors don't like defendants who act out."

"That is why attorneys like me beg our clients to just sit there, take notes, do not tug at my sleeve, don't roll your eyes or shake your head. Some clients listen and other clients don't. But I can tell you, most of trial work can feel like astrology. That is a tried-and-true rule, that a defendant that misbehaves in court will be punished by a jury."

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