- Opening statements in Donald Trump's first criminal trial began Monday.
- The former president's family was not present for jury selection.
- But their presence, especially First Lady Melania Trump, could have a powerful impact, legal experts say.
Donald Trump faces his first criminal trial every day, surrounded by lawyers, court officials, Secret Service members and political advisers.
But his wife and children are not.
Melania Trump and the former president's children were not in attendance last week as seven men and five women were selected to serve on the jury in Melania Trump's historic Manhattan hush money trial.
Although it is not uncommon for defendants' families to not participate in the grueling jury selection process, legal experts believe that the presence of defendants' families, particularly Melania Trump, may have a strong positive influence on jurors. It states that there is.
Opening statements in the trial began Monday, but neither Melania Trump nor any other member of Trump's family appeared in court.
President Trump ignored angry questions from reporters about where Melania Trump was before heading to the 15th floor courtroom Monday morning. Instead, Trump used the opportunity to denounce the lawsuit as a political “witch hunt.”
“Instead of not being able to campaign in Pennsylvania and Georgia and many other places, I'm here, and this is very unfair,” Trump told reporters in the hallway of the courtroom.
“There's no question that Melania is the most important.”
“There's no question that Melania is the most important family member,” Mark Bederow, a criminal defense attorney and former prosecutor with the Manhattan District Attorney's Office, told Business Insider.
Bedreau explained that Melania Trump's support in court could be “potentially very strong” given the sordid nature of the hush money case against Trump.
at least make playing cards look May a healthy and loving husband or father help him.
“Certainly, if Melania was there and supported him, it could send a message that says, 'I support him, I'm okay, I believe this probably shouldn't have happened.' '' Bederow said. “I think that will only have a positive impact on the jury.”
This is especially important in a trial where prosecutors are likely to bombard President Trump with terms such as “porn star” and “extramarital affair.”
Prosecutors at the Manhattan District Attorney's Office say President Trump falsified 34 business records to disguise a $130,000 hush-money payment to adult film star Stormy Daniels.
Prosecutors say the payoff to buy the silence of Daniels, who allegedly had a sexual relationship with a married Trump in 2006, was part of an illegal scheme to influence the 2016 election. That's what it means.
Jill Huntley Taylor, a jury consultant, told BI that the presence of Trump's family members is likely to further enhance jurors' other impressions of the case.
If jurors thought the case was bad and were inclined to side with Trump, she said they would understand why his family wasn't in court. If they're on the side of opposing Trump, they may wonder why none of his family supports him.
“Trump doesn't want to be there,” Huntley-Taylor said. “If the jurors are in his favor, they might think, 'Well, he's not going to have his family present.' And the jurors who don't favor him might think, 'If you're on trial. I can see you thinking, 'Maybe your family doesn't want to support you while you're undergoing treatment.'
his family, or the absence of family;
Julia Vitullo Martín, a criminal justice consultant and former director of the Citizen Jury Project, an initiative of the Vera Institute of Justice, joked that courtrooms are “sensory deprivation tanks” by design.
So when there is a recess in the courtroom, jurors without electronic devices have nothing to do but examine the defendant and his or her seatmates.
“So you look around and assess the defendant's demeanor, clothing, family, or lack thereof,” Vitullo Martín said.
Jurors have vowed to decide Trump's case based solely on the evidence. But she said their observations of the defendant and her family who were present will influence the final verdict.
“They're humans too,” she said of the jurors.
“And defense attorneys have always known this, which is why they are so conscious of how their client will appear to the jury.”
“It’s like the elephant in the room.”
While it shouldn't matter to jurors whether family members appear for Trump, Bedlow wondered why jurors didn't show solidarity with Melania Trump and other family members in the Republican presidential candidate's courtroom. He said it was natural to have doubts.
“It's not proof of anything and it's not the kind of thing they should consider, but I think it's kind of the elephant in the room,” Bedrow said.
Even in criminal trials with more dire stakes, and where defendants are accused of far worse crimes, it is common for family members to attend and show support.
Fallen cryptocurrency tycoon Sam Bankman Freed watched over his parents from the front row of the gallery every day during his month-long trial. Even Ghislaine Maxwell, who trafficked girls for sex to disgraced financier Jeffrey Epstein and sexually abused girls herself, had two sisters and a brother attend her trial almost every day. was in attendance.
Melania Trump did not attend her husband's Manhattan trial
However, Melania Trump was absent from Trump's other three Manhattan trials, all of which Trump lost and the verdicts against him cost him more than $600 million.
The former first lady also did not appear at President Trump's first and second E. Jean Carroll federal defamation trials in April 2023 and January of this year.
She was also absent from last year's civil fraud trial.
Trump himself was completely absent from the original Carroll trial, in which a jury found him responsible for sexual assault.
Legal experts say the absences are likely to discourage jurors.
Defense attorney and former federal prosecutor Justin Danilewicz told BI: “From the beginning of jury selection all the way through to the return of a verdict, the defendant's demeanor and appearance in front of the jury is extremely important.” Ta.
Danilewicz added: “Of course, the defendant cannot communicate directly with the jury, but an astute juror will note the courtroom environment and the family support the defendant receives.”
Former Brooklyn prosecutor Arthur Aidala made similar remarks.
“Typically, you want the family in the room to show the jury that the defendant has a lot of support,” he says.
Aidala, the criminal defense attorney who represents Rudy Giuliani and Harvey Weinstein, agreed that Melania Trump's attendance at the trial will be “key,” but the case will require family members to attend. He said he did not think it would have a major impact.
“This is not a case where sympathy is important. Usually when you want the jury's sympathy for a defendant, family is important. That's not the case here,” Aidala said. “People know Trump. His family isn't going to change their opinion.”
Danilewicz said Trump's lawyers may have a different strategy in mind when it comes to Melania Trump.
“Typically, in cases like this, there's a good chance that the appearance of a spouse sends an important signal of support,” Danielwitz said. “But the defense strategy here likely indicates that this trial is not worth the defendant's time, much less the time of his next of kin.”
“Being present could signal a level of importance that the defense does not want to give to this case,” he said.
Trump is surrounded in court by lawyers and support staff on behalf of his family.
They include the four lead criminal defense attorneys on the case, Todd Blanche, Susan Necheres, Emile Bove, and Gedaliah Stern, as well as Stephen Zhang, Jason Miller, and Margo Martin. , Natalie Harp.
On Friday, he was joined by Clifford Robert, one of the lawyers for Mr. Trump's family in the New York attorney general's civil fraud trial against the Trump Organization last year.
Melania Trump portrayed as a 'battered wife' in hush money scandal
Although they spend a lot of time together, they are not wives or children.
Bedlow said Melania Trump is “the abused wife in this story that prosecutors are alleging,” adding, “If she wasn't there, the jury would have to look at that.” “Maybe. The media will definitely pay attention.”
Jury consultant Huntley Taylor said Trump's lawyers may have decided it would be wise to keep Melania Trump out of the picture, given the prosecutor's allegations that Trump had an extramarital affair. It is said that there is a sex.
“I guess I'm going to have to think hard about whether I want to put her through that,” she said.
Trump's daughter Ivanka Trump's appearance at her father's criminal trial could also have an impact, Bedlow said, but appearances by his sons Eric Trump and Donald Trump Jr. are likely more important. It is said that it is not.
“Honestly, if Donald Jr. and Eric Trump showed up, would things be any better? No, if anything, they could probably make things worse,” Bedlow said. “But with Melania and Ivanka, it's a different story.”
“People who tend not to like Donald Trump will probably view his sons the same way, simply because they are vocal defenders of their father. That's true,” Bedrow continued. “But they're also deeply involved in the political and media games around everything to do with Trump.”
According to the New York Times, Melania Trump privately called the accusations against her husband “disgraceful” despite initially being furious with him when the affair broke in 2018. ”.
If Trump's family decides to appear in court to support him during his trial, they may want to wear sweaters. The temperature inside the courtroom is very cold.
This article was originally published on April 21 and has been updated.
