Merchan did not seal the portion of the court record that contained his rebuke to Robert Costello, the defense witness who apparently tried to stare intimidatingly at the judge when instructed not to roll his eyes or say “jeez” upon hearing his decisions on objections during the proceedings.
Once reporters in the public gallery were — unhappily, and with much shouting — cleared from the courtroom, Merchan explained himself.
“I can appreciate that the press wants to be present for every part of these proceedings, therefore, this record is not sealed,” he said.
“The fact that I had to clear the courtroom and that the court officers, including the Captain, had great difficulty clearing the courtroom, and that there was argument back and forth between the press and including counsel for the press, goes to why I had to clear the courtroom in the first place,” Merchan said.
He then turned to the witness.
“And that is, sir, your conduct is contemptuous right now,” the judge said.
“I’m putting you on notice that your conduct is contemptuous. If you try to stare me down one more time, I will remove you from the stand,” Merchan told Costello.
“I will strike his entire testimony. Do you understand me?” the judge said.
Bove said that he understood. When Costello asked whether he could “say something,” Merchan told him no, because “this is not a conversation.”
The press was then brought back in.
