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"The Hollywood Reporter" featured Pace Law School professor Bennett Gershman in "The Reckoning: Harvey Weinstein and the Legal Case for (and Against) Prison Time"

05/31/2018

"The Hollywood Reporter" featured Pace Law School professor Bennett Gershman in "The Reckoning: Harvey Weinstein and the Legal Case for (and Against) Prison Time"

...Other attorneys, though, don't expect severance to happen because judges tend to appreciate judicial economy. The "high likelihood" of testimony from multiple accusers leads Pace Law School professor Bennett Gershman to conclude that this will be an extremely tough defense for Weinstein and his attorneys. He expects Brafman to buy time and then seek a plea bargain. If, for example, Weinstein pleads guilty to third-degree rape, he'd face just four years in prison, plus probation and having to register as a sex offender.

“I absolutely think this is going to end up in a plea deal because I don’t see the defense as having much shot at being successful,” Gershman says.

Prosecutors have yet to lay out what evidence they have against Weinstein, and a spokesperson for the New York D.A.'s office declined comment on why Weinstein wasn't indicted at the time of the arrest. (Criminal complaints without indictment aren't totally unheard of, though often the rush occurs when prosecutors see the possibility of a flight risk. Here, Weinstein's surrender was negotiated, and as stated, happened after a fairly lengthy investigation.)

Read the full article.