Douglas Kennedy Harassment, Child-Endangerment Trial

Dan Abrams discusses the trial of Robert F. Kennedy's son for an altercation at a maternity ward.
3:00 | 10/23/12

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Transcript for Douglas Kennedy Harassment, Child-Endangerment Trial
"gma" legal analyst, dan abrams. Two parts to this. Harassment and child endangerment. Which is the stronger case? Harassment, by far. Harassment isn't typically what you think of harassment, in terms of the english language. Legally, it means striking, kicking. And the defense is essentially conceding that that happened. On surveillance tapes showing it. That's right. The child endangerment is the more serious charge and the more difficult charge. But as a technical matter, it's going to be hard to get around the harassment charge. Look, the bottom line is, in my view, if this wasn't douglas kennedy, there wouldn' be criminal charges in this case. Enormous amounts of pressure on the d.A. To take action. It doesn't mean he didn't do anything wrong. But this type of case tends to get resolved in civil court. Over money damages. This one is criminal. Even though he is facing jail time with this, douglas kennedy turned down a plea deal to avoid court altogether. Does he take the stand? I think he has to take the stand. It's about context. Why did this happen? How did this happen? I don't think they can put on a serious defense without him testifying here. But he's got this challenge with the technical definition of harassment bauecause he is conceding he kicked the nurse. And as a result, could be trouble. How much jail time? I don't think there will be any jail time. Convicted under child endangerment, a little more serious. But even there, he could probably escape with no or very small amount of time. Dan abrams, thanks so much. We have video proof, now,

This transcript has been automatically generated and may not be 100% accurate.

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