'Gonna be a mess': Expert explains why Trump trial break could 'help defense' but hinder jurors

As Donald Trump's Ne York hush money trial prepares to adjourn Tuesday ahead of closing arguments next week, jury consultant and attorney Robert Hirshhorn explains why both the jurors and prosecution could suffer.

According to CBS News, presiding Judge Juan Merchan "is hearing arguments from both sides about what instructions he should give jurors before they begin deliberating next week."

Hirshhorn spoke with CNN congressional correspondent Jessica Dean about the implications of those instructions and the potential impact of a seven day break on the jurors.

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CBS reports, "Merchan will craft what's known as the jury 'charge,' laying out the legal issues that jurors must consider to reach a verdict. Prosecutors and defense attorneys are debating what they think should be included — and omitted — from those instructions. Merchan will present his final charge next week, following closing arguments."

Dean asked Hirshhorn why the instructions are so significant.

"Well, they're the recipe for the jury, right?" he replied. "It's the law that's going to guide them on this very monumental, historic decision they're about to make. And this isn't a normal criminal case where you have some idea what the elements of the offense are. This one is really a lot more complicated. Now, here's what's different about this one, Jessica. There's two lawyers on the jury. They have two law professor type. They're not law professors are lawyers. But the point is, there's two legal experts in the jury room with them that are going to be able to explain to the jurors the nuances of some of the more a complicated parts of this jury charge. And I wanted to say one other thing. We may need to check with your pundits. I don't know what the law is in state court in New York, but a lot of courts only give one copy of the jury charge to the entire jury. "

CNN legal analyst Elie Honig chimes in, saying, "Sorry Robert, let me just answer your question because I happen to be sitting here. A lot of judges in the federal system will send a written copy of the charge back. In New York state, they don't send a written copy back with the jury at all. So the jury may take notes, but they're going to basically be left with their own recollection."

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Hirshhorn emphasized, "This is even worse, Jessica. This is even worse because now the jurors, all they have is their recollection of what the judge said the elements of the crime were? Wait 'til you see how long the jury charge is. There's no way the jurors are going to be able to keep all that information in their head. It's gonna be a mess. If the defense were smart, they would ask that each member of the jury be given a written copy of this charge."

Dean added, "We talked a little bit in the last segment about [Trump witness] Bob Costello as that last witness. And how it would sit in the jury's minds, just as they have these many days — five, six days until they're going to be back together." She asked Hirshhorn, "As somebody who is an expert in juries, talk about that last thing that they hear, and now this time, how does that all fit together?"

He replied, "Normally, it would be a really big problem for the defense because Costello was a disaster. I am convinced that it was Trump that insist he be a witness, and I am now convinced that Trump was looking out for number one by calling him as a witness. And he ended up stepping in number two. So it would normally be a real big problem for the defense, but here's the difference: This one week is going to work as a reset. It's going to let everybody calm down, and let everybody to kinda think about other things other than this trial. And when they come back next week, that's when they're going to get fired back up about the case. I think it's actually going to help the defense more than the prosecution. This one week off, believe it or not."

Watch the video below or at this link.

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