LOGISTICS AT THIS POINT, HE % WILL HAVE TO AT SOME POINT BE %
SENT TO L.A., EXTRADITED TO %
FACE AND ARRAIGNMENT, AND
EVENTUALLY A CHILD. %
>>> HARVEY WEINSTEIN’S %
SENTENCING A LANDMARK MOMENT %
FOR THE ME TOO MOVEMENT, AND %
POTENTIALLY FOR THE CRIMINAL %
JUSTICE SYSTEM WHERE IT IS %
DIFFICULT TO EVEN GET A GUILTY %
VERDICT IN CASES LIKE THIS. %
NBC NEWS ANALYST DANNY CEBALLOS%
IS WITH US. %
HE WARNED US NOT TO EXPECT A %
DECADE-LONG SENTENCE, HE COULD %
HAVE BEEN SENTENCED ON THE %
LOWER END OF THE RANGE. %
THAT WAS A REASONABLE THING TO %
SAY. %
SAY. % A LOT OF PEOPLE WERE EXPECTING %
THAT. %
THAT. % HE GETS 23, 29 WAS THE MAX. %
ARE YOU SURPRISED? %
A LOT OF US WERE SURPRISED TO %
HEAR THAT HE GOT TWO DECADES %
IN PRISON. %
>> THANK YOU FOR POINTING OUT
MY LOW ESTIMATE. %
I WAS NOT, I MEAN I WAS %
SURPRISED BECAUSE HIS MAXIMUM %
GUIDELINE SENTENCE WAS 29 %
YEARS, A MAXIMUM OF 25 PLUS %
FOUR YEARS, FOR EACH OF THE
COUNTS. %
COUNTS. % THIS SENTENCE ENDED UP %
APPROXIMATING THAT AND YOU MAY %
SAY 23 IS NOT QUITE 29. %
KEEP IN MIND THIS IS A
DEFENDANT WHO IS A FIRST-TIME %
OFFENDER SO RIGHT OFF THE BAT
IN MOST SYSTEMS, THAT’S AN %
OFFENDER THAT’S GOING TO GET %
ON THE LOW END OF THE %
GUIDELINES. %
GUIDELINES. % THAT’S JUST THE WAY THE SYSTEM %
WORKS. %
WORKS. % THAT’S THE FORMULA THAT’S %
APPLIED IN FEDERAL COURT. %
ON THE LOWEST TIER OF %
DEFENDANTS. %
DEFENDANTS. % THEN YOU HAVE THE FACT HIS AGE
AND HIS ILLNESS. %
AGE AT LEAST IN THE FEDERAL
SYSTEM STUDIES HAVE SHOWN THAT
OLDER OFFENDERS LIKE HARVEY
WEINSTEIN ARE HIGHLY UNLIKELY %
TO REOFFEND, AND THAT’S A
FACTOR THAT CAN PRESENTED TO A
JUDGE AT SENTENCING. %
THEN YOU HAVE HIS ILL HEALTH %
AND THE FACT STUDIES SHOW THAT %
FOR EVERY YEAR OF %
INCARCERATION, YOU CAN EXPECT %
TO LOSE A YEAR OF LIFE. %
SO THESE ARE ALL FACTORS THAT %
SHOULD BE TAKEN INTO
CONSIDERATION. %
CONSIDERATION. % LASTLY, HIS DEFENSE POINTED %
OUT THAT SIMILARLY SITUATED %
DEFENDANTS GOT ON THE ORDER OF %
EIGHT TO NINE YEARS. %
THAT’S WHAT THEY ARGUED. %
THE DATA IS HARD TO PULL IN %
NEW YORK STATE AS COMPARED TO %
THE FEDERAL SYSTEM, BUT IF
THAT’S TRUE, JUDGES SHOULD TRY %
TO SENTENCE SIMILARLY SITUATED %
DEFENDANTS SIMILARLY. %
THEY’RE NOT REQUIRED TO AND %
THIS SENTENCE IS LIKELY A %
LAWFUL SENTENCE BECAUSE IT %
FALLS WITHIN THE GUIDELINES. %
IT WILL BE PRESUMPTIVELY
LAWFUL, BUT IT WAS HIGH FOR %
HIS GUIDELINES AND BEING A %
FIRST TIMER. %
FOR THAT REASON I WAS %
SURPRISED. %
SURPRISED. % >> I BRING IT UP NOT TO SAY %
YOU TOLD US SOMETHING WRONG. %
BUT ALL OF US WATCHED THAT %
TODAY AND SAID, LOOK AT THAT. %
I DON’T THINK ANY OF US SAID, %
OH, YEAH. %
WE WERE SURE HE WAS GOING TO %
GET THE HIGH END OF THE RANGE. %
MOST PEOPLE GUESSED AND SAID %
THAT’S A LITTLE BIT OF A %
DEPARTURE BECAUSE YOU BASED
YOUR THOUGHTS ON THIS ON PAST %
EXAMPLES. %
EXAMPLES. % >> I DID EXPECT THAT. %
SENTENCING CAN BE A BIT OF A %
ROULETTE WHEEL BECAUSE THEY
ARE SUPPOSED TO PRESENT %
VIRTUALLY ANYTHING YOU CAN GET %
BEFORE THE JUDGE THAT WILL
GARNER SYMPATHY. %
HARVEY WEINSTEIN HAD A LOT OF %
THINGS THAT MADE HIM NOT %
SYNTHETIC. %
SYNTHETIC. % A LOT OF THINGS THAT WERE %
BEYOND HIS CONTROL THAT MADE
HIM IN A CATEGORY OF %
DEFENDANTS LIKELY TO GET %
LESSER SENTENCES. %
FIRST-TIME OFFENDER, AGE, %
OTHER FACTORS, BUT THE JUDGE
CLEARLY TOOK INTO ACCOUNT %
OTHER CONDUCT THAT HE WASN’T %
ACTUALLY CONVICTED OF. %
AND THAT BELIEVE IT OR NOT IS %
PERMISSIBLE IN SOME COURTS. %
THE FEDERAL SYSTEM FOR %
EXAMPLE, YOU CAN BE SENTENCED %
ACCORDING TO THE CONDUCT YOU %
ARE CHARGED WITH, BUT NOT %
ACTUALLY CONVICTED OF AND %
DEFENDANTS ARE SHOCKED TO FIND %
THIS OUT THAT THEY WENT IN ON
ACQUITTAL AND BEING SENTENCED %
AS IF THEY HAD COMMITTED. %
SO THIS IS SOMETHING THAT %
JUDGES DO FROM TIME TO TIME. %
DEPENDING ON THE SYSTEM AND
DEPENDING ON THE COURT. %
SO IT WASN’T THAT MUCH OF A %
SURPRISE THAT THIS COURT TOOK %
INTO ACCOUNT HIS CONDUCT AND %
HIS CHARACTER AS A WHOLE. %
>> HE WAS BARELY EVEN %
SENTENCED TODAY AND THE %
DISTRICT ATTORNEY WAS ALREADY %
TALKING ABOUT THE CASE HE %
FACES THERE. %
THEY ARE TRYING TO EXTRADITE
HIM TO CALIFORNIA TO FACE %
TRIAL. %
TRIAL. % HOW COULD THIS POTENTIALLY %
IMPACT THAT? %
>> CONSIDER THIS. %
ONCE WEINSTEIN LEAVES NEW YORK %
AND GOES TO STAND TRIAL IN %
CALIFORNIA, THERE WILL BE ONE %
MAJOR DISTINCTION. %
IF CONVICTED, HE WILL NO %
LONGER BE A FIRST-TIME %
OFFENDER. %
OFFENDER. % AND THAT AUTOMATICALLY PUTS %
YOU INTO THE HIGHER STRATA OF %
SENTENCING GUIDELINES. %
SO HE’S LIKELY TO GET UNDER %
CALIFORNIA AS A UNIQUE THREE %
LEVEL SYSTEM, HE’S LIKELY TO
GET THE HIGHEST AND OF THE %
SENTENCING GUIDELINES IN %
CALIFORNIA IF CONVICTED OF ANY
OF THESE CRIMES. %
BECAUSE HE’S ROLLING INTO
CALIFORNIA AS NOT ONLY SOMEONE %
WITH A PRIOR RECORD, BUT A
VERY SERIOUS PRIOR RECORD. %
SO THE CALIFORNIA CASE IS NOW %
THE NEW BATTLEGROUND IN %
ADDITION TO APPEALING THE NEW
YORK CASE AND FIGHTING LIKELY %
ON ISSUES LIKE THE JURY %
VERDICT FORM AND THE JURY %
INSTRUCTIONS. %
INSTRUCTIONS. % THOSE ARE PROBABLY HIS MOST %
FERTILE GROUND FOR APPEAL IN %
NEW YORK. %
>> HOW ABOUT OTHER CASES NOT %
RELATED, OTHER SEXUAL ASSAULT %
CASES NOT RELATED TO %
WEINSTEIN? %
WEINSTEIN? % WE KNOW THE ME TOO MOVEMENT IS %
ABOUT MORE THAN THAT. %
ARE WE GETTING AHEAD OF %
OURSELVES TO THINK THAT A CASE %
LIKE THIS, A VERDICT, LENGTHY
SENTENCING LIKE THIS WILL %
MAYBE SET, I DON’T WANT TO USE %
THE WORD PRECEDENT BUT A %
DIFFERENT TONE FOR THOSE TYPES %
OF CASES, IS THAT UNLIKELY? %
>> IT WILL, AND IT ALREADY %
HAS. %
HAS. % NOT NECESSARILY IN PROSECUTION %
BUT WHAT WE’VE SEEN IS A %
GROWING TREND IN WHAT WE CALL %
PRIOR BAD ACT EVIDENCE. %
WEINSTEIN WAS AN EXAMPLE, BILL %
COSBY, FOR MANY OF THESE %
VICTIMS, THEIR TIME TO SUE OR
PROSECUTE MAY HAVE PASSED %
BECAUSE OF THE STATUTE OF
LIMITATIONS BUT PROSECUTORS IN %
THESE CASES ARE INCREASINGLY
USING WHAT WE CALL PRIOR BAD %
ACTS EVIDENCE. %
IF CONDITIONS ARE MET, THEY %
CAN MARCH IN VICTIMS WHOSE %
TIME TO PROSECUTE HAS LONG %
PASSED. %
PASSED. % WE SAW THAT IN HARVEY %
WEINSTEIN’S CASE WITH AN
ALLEGATION OF RAPE THAT %
OCCURRED IN THE EARLY ’90s. %
I COULD BE WRONG ABOUT THE %
YEAR, BUT THAT SHOWS THAT %
PROSECUTORS ARE WILLING AND %
ABLE IF THEY USE THE RULES %
STRATEGICALLY TO BRING IN %
VICTIMS WHO OTHERWISE WOULD %
NEVER HAVE AN OPPORTUNITY TO %
BE VICTIMS AND BE IN COURT AND %
TESTIFY AND POINT OUT THERE IS