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carmencita ago

We need Lawyer Expertise on this. We should really have a list of volunteers in law med science etc. we can call on. We need to know if that is the best choice and if this Vance guy is any good. Will he be soft on HW?

LightlyToasted ago

The following is NOT victim bashing, but a realistic and clinical assessment.

I don't practice in NY, but have lots of experience prosecuting cases. The following assumes Weinstein forces the case to trial. Given the amount of time that has passed, the case will likely rest solely on the testimony of Paz de la Huerta. Unless there's a video tape, preserved physical evidence or similar, the case rests entirely on her shoulders.

The Weinstein trial will have difficult time empaneling a jury. Weinstein will jury tamper. Weinstein will intimidate witnesses. Weinstein will bribe witnesses. Weinstein will assassinate de la Huerta's character. From what I've observed from a distance, NY judges are easily compromised. Weinstein will bribe/intimidate, etc. the judicial officer. Once the judge is owned, discretionary procedural and evidentiary rulings will go Weinstein's way. Additionally, all judges hate appeals court criticism, therefore even an uncompromised judge will give the defendant all the close calls. These decisions add up to a prosecution that is hobbled in every possible way, putting more pressure on the victim and her testimony.

Remember Cosby's hung jury? The truth about Cosby was out for years/months in the MSM. The victim, by all accounts, had no skeletons in her closet. It only takes one idiot/bribed/intimidated juror to throw the case.

Will victim assassination work in this case? Ms. de la Huerta will be a challenging witness for the prosecution: https://www.youtube.com/watch?v=9omFKIY0sSE, http://www.complex.com/pop-culture/2012/02/paz-de-la-huerta-10-most-scandalous-moments/3 (just google her). REMINDER, THIS IS A CLINICAL ASSESSMENT: It appears she has a substance abuse problem, acts out emotionally/sexually in public, and English is not her first language. Unless the case has a very sympathetic judge, the prosecution will not likely be able to explain away her behaviors due to the sexual assault alone. Given that English is not her first language, she'll have difficult time saying everything she will want to in English. If she uses an interpreter, the jury's attention will drift significantly. Her open sexuality will also be resented by some jurors.

Will evidence of prior/current sexual assault allegations against Weinstein come into evidence at trial? Unlikely. Criminal trial rules ensure fairness to the defendant, not the prosecution. Unless the prosecution has a magic bullet in it's pleading or evidentiary rules (pattern, habit rule exception), no other allegations will be heard by the jury.

If an NY practitioner can add or correct the above, please do so.

carmencita ago

Wow. The case of her skirt was too short or dress too low cut so it was her fault. Sexism rears its ugly head.

LightlyToasted ago

There are certain realities of trial practice that cannot be ignored. Jurors carry their biases, especially in sex & DV cases.

carmencita ago

I think I know why the DA jumped at this case. They already know they can make HW look a little less abusive by taking one of his accusers down. Disgusting. I think more have to come forward and we must keep pushing this stuff as well. The child abusers need to be outed.

LightlyToasted ago

I considered that too -- I hate to say it possible, but it is.