At Barket Epstein Kearon Aldea & LoTurco, LLP, our team consists of former prosecutors, former public defenders, and former judges and has over 200 years of collective legal experience. Frequently, we are asked by the media and other outlets to weigh-in on high-profile cases. Just recently, Attorneys Aida F. Leisenring and Bruce A. Barket provided legal insight into the jury deliberations, verdict, and possibility of an appeal in the Harvey Weinstein case.
Significance of Jury Deliberations
Attorney Leisenring appeared on ABC News, where she was asked what she thought the significance was of the length of time of the jury deliberation in the Weinstein case. The jurors had asked numerous questions and requested to see various documents and to rehear specific testimonies. Attorney Leisenring said that the juror's actions were expected in a case like this.
A number of nuances in the Weinstein case exist, such as the definition of consent and the distinction between the possible civil matter at hand and the criminal one. For the jurors to be taking their time means that they're doing their research and really considering the elements of the offenses for which Weinstein was on trial.
Thoughts on Possible Appeal
Attorney Leisenring was also interviewed by Canadian Television News. When asked her thoughts about Weinstein and his lawyers filing an appeal, she said that it was possible. She stated that, given that the B violent felony offense Weinstein was convicted of carries a mandatory minimum of 5 years, they might file a motion for a stay of sentencing pending appeal. Such a request would allow Weinstein to remain out of prison until his sentence was decided. Attorney Leisenring also said that she was both surprised and not surprised by how long the jurors deliberated because the case was so unique.
Appearing on the Law & Crime Network's "Daily Debrief," Attorneys Leisenring and Barket provided insight into the lack of the jury's credit to one of the witnesses in the Weinstein case. Attorney Leisenring said that it was a way for jurors to credit the defense but also convict Weinstein. Attorney Barket stated that the juror's responses were reflective of the juror selection process. The process was weighted more in the prosecution's favor, and had it gone differently, there might have been a different outcome. He also stated that the selection process might be grounds for an appeal.
If you've been charged with a crime in New York and need skilled and knowledgeable legal guidance, reach out to Barket Epstein Kearon Aldea & LoTurco, LLP by calling us at (888) 779-0267 or contacting us online.