I will remind you once again, that this was not a trial, it was a hearing and demeanor and conduct is most certainly a factor during a hearing. Even in a formal trial, although the non-verbal communications of a witness cannot be sited as a reason to either convict or acquit, it most certainly makes an impression on a juror and ultimately it's taken into consideration in their decision. Even the most subtle non-verbal cues, jurors try to discover a hidden narrative that exists the behind the verbal testimony of witnesses and other evidence presented in the case.
Non-verbal communication such as eye contact, facial expressions, gestures, and posture --all convey information to an observant juror. Different jurors may interpret a defendant’s tendency to fidget or look uncomfortable is often an indication of anxiety or boredom.The trial process boils down to formally introduced evidence and argument mixed with a variety of non-verbal communication, which may at times yield unpredictable results.
We saw profound anger, and even though he may view it as justified, is inherently disqualifying for someone who's going to have a lifetime appointment.
