Transcript for What pictures are the prosecution and defense, trying to paint in Weinstein’s trial?
The legal strategies here little more in depth. Armed likely what is working and not working with the jurors show debaters and associate professor of criminal law the Fordham law school here in New York. And Cheryl this is a tricky kind of park for the defense because they want to prove that their client is innocent. But we've entered a new era here in it in America with the meat to hear how they prove their case. Without a feigning that jurors and without seeing all these women are line or do they have to prove that. That's a good question so. They wanna see them they want tourists to look at this case as a paid a play case. That these particular women were willing to sleep their way to the top they want to see their name on the marquee. And they were gonna jump in bed with Harvey Weinstein if they had to hold their nose to do it they wanted that fame. So they are looking at this as completely consensual and they have to establish that these women. Were a lion about what they're saying now. You know the the prosecution had the main witnesses and they brought and other women as well who corroborated stories or had similar stories as the women were bringing the criminal charges. There are there were some graphic testimony especially about Harvey Weinsteins body. There seems to be a lot of evidence there but this case is for. Or from over correct. Right so we saw a lot of graphic testimony. About his genitalia. About the force and the prosecution does have to show that there is what's called forcible compulsion. So that he either physically. Force these women or there was a fill racks of physical injury. On and we know we've seen a lot of dramatic testimony. Defense is been attacking the credibility of these witnesses which is what they need to do saying they were reluctant to come for lowered. Stay have continued contact with Harvey Weinstein they send ten emails and tax saying you know how affectionate they feel toward him that they want premiere tickets and the defense is gonna come out strong and say. This alone is a reasonable doubt that this guy was a monster who raped too why would you have continued contact with. You know Harvey Weinstein before that the trial started we saw him act that movie premieres red carpets standing up. A big men no doubt and now he's in a walker appearing in a frail state. How does that pleaded a jurors. Right so they're dead defense is trying to juxtaposed. Like this. Sense of him is this hulking. Figure who forced these women just with his his physical force as well as his sort of emotional bully and and now we see him with this Walker's a frail man and usually this this contrast but if the jury thinks. That he is over selling this and manipulating them and then I think that it will damage his case. Do know that the deputy we know the deputy district attorney according to our reporting for LA. Has also been in the courthouse because there's another case coming up will assist you what does this deed doing they basically collect dean. Notes homework getting ready to prepare their case. So are right this case going to be very similar to the LA case in fact a lot of the witnesses are the same witnesses and even testify. So hearing that testimony scene where the potential areas for cross examination arc is going to be helpful for them and preparing their case. And of course of Harvey Weinstein does choose to testify and I'm sure his attorneys spoke counseled him not to. Then they'll be able to use that testimony on their case and I like all right Cheryl thanks so much for your legal insight we really do appreciate again Cheryl Bader law professor at Fordham University.
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