On July 31, 2018 a jury was seated, both sides made their opening statements, and the first prosecution witness was called. In subsequent days prosecutors continued to present their case as Ellis repeatedly urged them to proceed expeditiously. Nancy Gertner, a former federal judge, described Ellis's behavior - repeatedly interrupting and arguing with prosecutors in the presence of the jury - as "decidedly unusual" and appearing to show bias against the prosecution. On the other hand, a legal analyst and former prosecutor remarked that Ellis's conduct was typical of a "move along" judge—jurists who tightly enforce courtroom rules and thereby insulate a case from appeal in the event of a conviction. On the eighth day of the trial Ellis apologized for one of his comments, saying “It appears I may well have been wrong. But like any human, and this robe doesn’t make me anything other than human, I sometimes make mistakes."