DAVID: VERDICT IS IN FORMER HOLLYWOOD FILM PRODUCER HARVEY
WEINSTEIN FOUND GUILTY OF
CRIMINAL SEX ACT IN 2006, THIRD
DEGREE RAIN OF A WOMAN IN 2013,
HE COULD FACE TO 25 YEARS IN
PRISON, WEINSTEIN WAS
HANDCUFFED,TAIN EP TO TAKEN TO C
UNTIL HIS SENTENCES ON MARCH 11,
HE WAS ACQUITTED ON TWO MOST
SERIOUS CRIMINAL CHARGES AGAINST
HIM.
HIM. EACH CARRIES LIFE IN PRISON.
WE BRING IN FOX NEWS JUDICIAL
ANALYST, JUDGE ANDREW
NAPOLITANO.
NAPOLITANO. THANK YOU.
THANK YOU. MANHATTAN PROSECUTOR, HE GOT TWO
OUT OF FIVE CONVICTIONS.
DO YOU THINK HE IS DISAPPOINTED.
>> I AM SURE HE IS.
BUT YOU SAW FROM HIS PRESS
CONFERENCE HE WILL TRY TO MAKE
THE MOST OUT OF THIS HE WAS
DRAGGED KICKING AND SCREAMING.
I EXAGGERATE TO BRING THIS --
THESE CASES BEFORE A GRAND JURY.
BECAUSE HE HAD BEEN CAUGHT UP IN
THIS VENT WHERE WEINSTEIN
LAWYERS HAVE BEEN MAKING
CONTRIBUTIONS TO HIM.
HE KNEW THAT LAWYERS REPRESENTED
WEINSTEIN AT THE TIME.
DAVID: COMPROMISE.
DAVID: COMPROMISE. >> AND HE DROPPED CHANGES, NOW
THESE CHARGES, BUT -- NOT THESE
BUT OTHERS, HE WAS RED FACED
OVER IT, HE SAID OKAY I’M NOT
TAKING CAMPAIGN CONTRIBUTIONS
FROM ANY LAWYERS, WHO ARE
REPRESENTING PEOPLE THAT MY
OFFICE IS PROSECUTING, IN
WEINSTEIN CASE IT WAS TOO LITTLE
TOO LATE, HIGH GOT A.
HE WAS USING, A NOVEL STATUTE IN
NEW YORK.
NEW YORK. CALIFORNIA HAS SAME STATUTE, IF
YOU CAN PROVE A RAPE WENT STATE
OUT OF LIMITATION AND PROVE
SIMILAR BEHAVIOR AT ANY OTHER
TIME, IN THIS CASE ALLEGED TO
OCCUR IN 19.
>>,1992, THEN YOU CAN FIND
THE DEFEND DEFENDANT GUILTY OF
PREDATORY SEXUAL ACTIVITY, WHICH
HE FAILED AT.
PROSECUTOR IN CALIFORNIA WILL
ATTEMPT THE SAME CHARGE AGAINST
HIM.
HIM. >> JUDGE, THIS IS GARY.
THIS DIRTBAG WILL APPEAL, DOES
IT MATTER THAT THE SERIOUS
CHARGES HE WAS FOUND NOT GUILTY
OF, DOES THAT HELP HIM IN HIS
APPEAL OR IT IS SEPARATE?
>> I THINK IT IS IRRELEVANT.
HE WAS ACQUITTED, THE STATE
CANNOT APPEAL THAT ACQUITTAL,
ONLY TWO APPEALABLE CHARGES WILL
BE TWO FOR WHICH HE WAS
CONVICTED.
CONVICTED. AND QUITE FROM.
LY, THERE WERE ODD -- FRANKLY
THERE WERE ODD AT PECKS OF CASE,
EVIDENCE OF GUILT IN THOSE CASES
RISING AND FALLS ON CREDIBILITY
OF THE VICTIMS, THEY TOLERATED A
WITHERING CROSS CROSS-EXAMINATIO
JURY BELIEVED THEM, I NEVER
HEARD OF A RAPE CASE,
INVESTIGATED BY POLICE FOR 5
YEARS WHERE NOT A SINGLE COP
TESTIFIED, IT BELIEVES THERE
MUST HAVE BEEN A BREAK DOWN
BETWEEN PROSECUTOR OFFICE AND
POLICE, THEY ALWAYS’ POLICE TO
SAY YES THAT IS WHAT SHE TOLD
ME, AND THIS EVIDENCE COOPERATES
THAT, UP IN OF THAT CAME IN.
>> CERTIFICATE OF SORT OF SEEMS
TO TO SAY HE NEEDS TO BE
PUNISHED BUT MAYBE THERE WAS AND
CREDIBILITY ABOUT WITNESSES IS
--
-- >> I HAVE BEEN TRYING TO
INTERPRET, TRYING.
INTERPRET, TRYING. VERDICTS IN CRIMINAL CASES FOR
45 YEARS.
45 YEARS. SOMETIMES JURORS MAKE A
COMPROMISE, THEY KNOW WHAT THE
PENALTY IS, THEY KNOW BY THE TWO
CONVICTIONTIONS AND 3 ACQUITTALS
HE FACES 25 YEARS IN JAIL, HE IS
IN BAD HEALTH.
THE MORAL, PERHAPS LEGAL EQUIV
EQUIVALENT OF A LIFETIME.
>> WHAT HAPPENS WHEN YOU APPEAL
IT?
IT? IS HE OUT OF JAIL FOR THAT
PERIOD OF TIME?
>> I THINK THAT SENTENCE WILL BE
BETWEEN 20 TO 25 YEARS, HE WILL
HAVE TO SERVE IF HE LIVES THAT
LONG, 75 TO 80%.
HE WILL NOT BE OUT OUT OF JAIL,
WILL BE OUT OF A NEW YORK JAIL
IN A HOLDING FACILITY IN LOS
ANGELES, THAT TRIAL STARTS IN
TWO MONTHS.
TWO MONTHS. >> WHAT IS THE APPEAL PART.
>> THE ERRORS THAT DEFENSE SAID
THAT JUDGE MADE IN TRIAL HERE
PRODUCED TWO CONVICTIONTIONS, IT
WILL TWO YEARS BEFORE THE THE
APPELLATE KMART.
APPELLATE KMART. COURT.
COURT. >> BECAUSE HE IS OLD AND FRAIL
HEALTH, 20 YEARS IT LIKE LIFE
FOR SOMEONE LIKE THAT WITH THE
JUDGE TAKE THAT INTO ACCOUNT IN
SENTENCE, THEN, CAN YOU EXPLAIN
WHAT DIFFERENCE FIRST DEGREE AND
THIRD DEGREE.
THIRD DEGREE. >> WITHOUT GETTING TOO GRAPHIC,
ONE INVOLVES ENTERING THE BODY
AND THE OTHER TOUCHING THE BODY,
BOTH AGAINST THE WILL WAS THE
VICTIM.
VICTIM. HE THREW HIMSELF ON MERCY OF
COURT THIS MORNING AND BEGGED,
THROUGH HIS LAWYERS TO STAY IN
HIS HOME DURING SENTENCES
PROCESS, THE COURT SAID NOW, I
DON’T THINK THAT THIS JUDGE WILL
SO MUCH MERS MERCY.