A JURY, WELL YOU NEVER KNOW.
LET’S TURN TO CRIMINAL DEFERENCE
ATTORNEY MARK GERAGOS.
MARK GERAGOS, THIS WOMAN IS
TURNING DOWN A PRETTY LIGHT PLEA
DEAL, SIX DAYS AND COMMUNITY
SERVICE, SUSPENDED LICENSE, SHE
WANTS TO GO TO TRIAL.
DO YOU THINK THIS IS FAIR?
>> WELL, I WILL TELL YOU WHAT
STRIKES ME, THERE IS AN OLD
ADAGE IN THE CRIMINAL JUSTICE
SYSTEM IF THEY OFFER YOU LOW
TERM.
GOT A WEAK CASE.
IF THEY OFFER YOU PROBATION, AND
NO TIME, THAT MEANS THEY HAVE
GOT NO CASE.
THIS OFFER MEANS TRANSLATES OR
IMPLICATION THAT SHE IS
FACTUALLY INNOCENT AND TAKING A
LOOK AT THAT VIDEO, EVEN THE
WORST SPIN ON IT, SHE WASN’T
TRYING TO INTENTIONALLY HURT
ANYBODY.
SHE WANTED TO ESCAPE THERE.
SHE OBVIOUSLY, I BELIEVE HAD HER
DAUGHTER IN THE CAR.
SHE WAS PANICKED.
I CAN’T IMAGINE THAT OF THE
PROSECUTORS IN THIS CASE REALLY
WANT TO GO FORWARD ON THIS CASE.
THAT’S WHY THEY HAVE MADE THIS
OFFER TEMPTING HER TO TAKE A
DEAL SO IT WENT GO TO TRIAL.
>> Jesse: ESPECIALLY WITH THE
CLIMATE SO RACIALLY CHARGED AS
IT IS.
PUT MARK GERAGOS IN A SITUATION.
YOU ARE IN YOUR BENZ.
I’M SURE IT’S A BENZ, GERAGOS
AND YOU COME ACROSS.
>> NO.
>> IT’S NOT A BENZ?
WHAT IS IT.
>> IT’S A RANGE RECOVERY.
>> Jesse: YOU GOT THE RANGE AND
YOU JUST WERE IN THE WAY TRYING
TO GO SHOPPING AND THERE IS A
MAJOR, MAJOR POLITICALLY CHARGED
PROTEST, YOUR CAR IS MOBBED.
PEOPLE ARE BANGING ON THE
WINDOWS, IF YOU HIT THE GAS AND
HURT SOMEONE, WHAT HAPPENS TO
YOU IN THE CRIMINAL JUSTICE
SYSTEM?
WE HAVE A SIMILAR CASE IN LOS
ANGELES RIGHT NOW WHERE A
GENTLEMAN FELL ASLEEP WENT UP
THE CURB AND HIT A BUNCH OF
SHERIFF’S RECRUITS AND INJURED A
COUPLE OF THEM.
BUT, AT THE END OF THE DAY,
THERE WAS NO ALCOHOL, THERE WAS
NO DRUGS.
THERE WAS NO INTENT TO DO
ANYTHING.
HE COMES FROM A LAW ENFORCEMENT
FAMILY.
THIS WOMAN DOES NOT APPEAR TO
HAVE ANY ANIMUS WHATSOEVER.
I KNOW PEOPLE ARE PROTESTING AND
ASSUMING THAT THERE IS SOME
ANIMUS, BUT I HAVEN’T SEEN
ANYTHING TO SUPPORT THAT.
AND I DON’T KNOW WHAT YOU ARE
SUPPOSED TO DO.
ARE YOU SUPPOSED TO SIT IN THERE
AND SEE IF THE WINDOWS GET
BASHED IN?
>> Jesse: RIGHT.
>> ARE YOU SUPPOSED TO SEE IF
YOU ARE THIS WOMAN IF THEY ARE
GOING TO PULL OUT AND RECREATE
BIRTH AND PULL HER DAUGHTER OUT
OF THE WINDOW?
I JUST THINK IT’S AN UNFORTUNATE
SITUATION AND NOT EVERYTHING
NEEDS TO BE CRIMINALIZED.
>> Jesse: SO IF YOU ARE IN A CAR
AND SURROUNDED BUT THEY HAVEN’T
STARTED SMASHING YOUR WINDOWS
BUT THEY ARE BLOCKING YOUR CAR
ARE YOU ALOUD TO HIT THE GAS
THEN?
IS IT ONCE THEY START POUNDING
AND THREATENING?
>> YEAH, ONCE YOU CROSS THAT
LINE, AND YOU CAN JUSTIFIABLY
SAY I WAS IN FEAR, THEN I THINK
YOU HAVE GOT THE RIGHT, BUT, YOU
KNOW, IT WASN’T LIKE SHE FLED
AND RAN HOME, SHE ONLY WENT A
COUPLE OF BLOCKS.
SHE WAS PROMPTLY ARRESTED.
COOPERATED.
OBVIOUSLY THE COPS ON THE SCENE
DID NOT SUSPECT THAT THERE WAS
ANYTHING UNTOWARD GOING ON BY
HER BECAUSE THEY GAVE HER WHAT’S
CALLED A DESK APPEARANCE IN NEW
YORK.
>> Jesse: IF SHE GOES TO TRIAL
AND SHE IS CONVICTED THAT’S JUST
TERRIBLE.
SHE COULD FACE HARD TIME AND
IT’S LIKE THAT BODEGA SITUATION
HERE IN NEW YORK.
THE GUY WAS DEFENDING HIMSELF.
HE FELT LIKE HIS LIFE WAS IN
DANGER AND SOMETHING HAPPENED
AND THEY GET THE BOOK THROWN AT
THEM.
THAT’S THE FEAR.
>> WELL, THAT’S -- THE FEAR HERE
IS AND THERE IS NOT A WHOLE LOT
OF CLIENTS THAT I HAVE DEALT
WITH OVER THE YEARS.
CAN I PROBABLY COUNT ON TWO
HANDS.
THAT WILL FACING YEARS IF THEY
GET CONVICTED WILL WALK AWAY
FROM SIX DAYS OF COMMUNITY
SERVICE.
I MEAN, EVEN IF YOU ARE
FACTUALLY INNOCENT, THAT’S A
VERY, VERY TOUGH POSITION TO BE
IN IF YOU SEE GERAGOS IN THE