Chicago Criminal Defense Lawyers Michael Leonard and Matthew Chivari explain the importance of Michael Cohen’s trial demeanor in Trump Trial. The testimony of Cohen was much anticipated and widely reported. Of course, Cohen’s testimony is strategically crucial because he possesses first-hand knowledge of the alleged payment to Stormy Daniel, as well as direct communications with Trump regarding those payments – and the handling of them in terms of Cohen and the business records generated.
Cohen spent several years now, prior to trial, bashing Trump publicly and testifying about and against him in various proceedings. Moreover, Cohen has admitted that he lied about his activities and Trump. In addition, because of his outspokenness about Trump and his often repeated negative feelings towards Trump, Cohen came into the trial with a lot of “baggage” in terms of his credibility and motives.
Thus far, Cohen has seemingly listened carefully to the advice, guidance, and input that he has received from the lawyers prosecuting the case. Instead of being combative and bombastic, Cohen has tempered his approach in what clearly appears to be an attempt to present his testimony at trial in a lower key, matter of fact, “just the facts” manner. Prior to trial, that type of on the stand demeanor by Cohen seemed unlikely, or even impossible. Cohen clearly likes to pick and engage in verbal fights outside the courtroom, and his contempt of Trump was palpable.
This shift by Cohen may be the key to the prosecution prevailing. Clearly, on the one hand, the jurors will have concern about Cohen’s credibility. However, by Cohen presenting himself in the manner that he has so far at trial, those concerns should be lessened. More importantly, it takes a lot of the “sting” out of the defense lawyer’s cross-examination when the witness, here Cohen, refuses to take the bait and to argue with the lawyer.
Surprisingly, it is oftentimes very difficult to impress upon a defendant/client or other witness the importance of one’s demeanor while on the stand – and what will and will not play well with a jury. That is why at Leonard Trial Lawyers we spend countless hours not only preparing for trial, but also preparing our witnesses to testify at trial.
Matthew Chivari
Michael Leonard
Leonard Trial Lawyers
May 15, 2024