THE NEXT STEPS

We’ll examine the case against and the defense of Eric Schneiderman with former Brooklyn prosecutor turned private criminal defense lawyer, Julie Rendelman.

Aired on May 08, 2018.

TRANSCRIPT

WE JUST HEARD FROM THE NATIONAL ORGANIZATION FOR WOMEN'S PRESIDENT OF THE NEW YORK CHAPTER WHO TALKED ABOUT WHAT THIS MEANS FOR WOMEN GOING FORWARD.

BUT WHAT COMES NEXT FOR SCHNEIDERMAN?

AND WHO WILL BE IN CHARGE OF THE INVESTIGATION?

AND IF CONVICTED, WHAT TYPE OF SENTENCE IS SCHNEIDERMAN FACING?

JOINING US NOW IS JULIE RENDELMAN, A FORMER PROSECUTOR WHO PROSECUTED SEX CRIMES AND HOMICIDE AND IS A DEFENSE ATTORNEY IN HER OWN RIGHT.

THANK YOU FOR HAVING ME.

FIRST LET'S TALK ABOUT POTENTIAL CHARGES.

IF CHARGES WERE BROUGHT AGAINST MR. SCHNEIDERMAN, WHAT ARE WE TALKING ABOUT?

SO I THINK THE MAXIMUM HE IS FACING IS MISDEMEANOR CHARGES.

UM-HUM.

WE ARE TALKING ABOUT ASSAULT.

WE SAY IN NEW YORK IT'S ASSAULT IN THE THIRD DEGREE AND CRIMINAL OBSTRUCTION OF BREATHING.

THOSE TWO SEEM TO BE THE CHARGES THAT FIT WITH AT LEAST THE ALLEGED ALLEGATIONS.

HOWEVER, THERE IS AN ISSUE WITH THE STATUTE OF LIMITATIONS WITH REGARDS TO AT LEAST ONE OF THE ALLEGED VICTIMS.

AND WHEN YOU SAY THERE IS SOMETHING WITH THAT, I MEAN HAS IT BEEN TOO MUCH TIME GONE BY?

SO THERE IS A TWO-YEAR STATUTE OF LIMIT ASSIGNINGS WHEN IT COMES TO MISDEMEANOR CHARGES.

AND ONE OF THE ALLEGED VICTIMS APPEARS TO MAKE ALLEGATIONS THAT OCCURRED BETWEEN 2013 AND 2015.

SO THAT WOULD BE A PROBLEM IN TERMS OF GOING FORWARD CRIMINALLY WITH THOSE CASES.

BUT THAT SQULOO IN THAT SPECIFIC CASE.

THAT SPECIFIC ONE THE OTHER ONES WOULD HOLD IF THEY CHOSE TO BRING CHARGES.

IF THEY CHOSE.

AT LEAST TWO VICTIMS HAVEN'T GIVEN NAMES UP.

BUT THE ONES THAT HAVE MADE AILS OF ASSAULT.

AND SO COULD BE VIABLE IN TERMS OF THE STATUTE OF LIMITATIONS.

THAT BRINGS UP THE NEXT QUESTION OF WHO HAS JURISDICTION OVER THIS?

BECAUSE UNDER NORMAL CIRCUMSTANCES IT WOULD BE CY VANCE, EXCEPT THAT THAT WOULD BE COMPLICATED BECAUSE SCHNEIDERMAN'S OFFICE WAS INVESTIGATING CY VANCE'S, THE MANHATTAN DACHEL OFFICE.

FOR THEM.

IT'S A LITTLE MESSY.

YES SFLA AND UNFORTUNATELY POLITICS IS ALWAYS MESSY.

AND SO IT IS POSSIBLE THAT THEY COULD BRING IN A SPECIAL PROSECUTOR TO LOOK AT THIS CASE.

REMEMBER, THIS IS AN INVESTIGATION.

RIGHT.

SO IT'S VERY EARLY STAGES.

WE DON'T KNOW, YOU KNOW, WHETHER THE WITNESSES OR THE VICTIMS EVEN WANT TO GO FORWARD AND WHETHER THEY'RE WILLING TO GO FORWARD.

THEN THE NEXT QUESTION BECOMES, IS THERE CORROBORATION OF WHAT THEY'RE SAYING?

IS THERE EVIDENCE THAT SUPPORTS IT?

BECAUSE IT WAS A WHIL BEFORE THEY CAME FORWARD.

AND THERE IS QUESTIONS THAT NEED TO BE ASKED TO HAVE A CLEAR AND FAIR INVESTIGATION OF THE CASE.

ASIDE FROM THE ASSAULT -- POTENTIAL ASSAULT CHARGES THAT MIGHT BE BROUGHT, IS THERE ANY POSSIBILITY FOR ANY ABUSE OF OFFICE?

SOME OF THE OTHER ALLEGATIONS MADE WERE THAT THE ATTORNEY GENERAL WOULD SAY, YOU KNOW, I HAVE THE POWER TO HAVE YOU -- YOUR PHONES TAPPED OR HAVE YOU FOLLOWED.

SURE.

OR I AM THE LAW.

THAT'S A GREAT QUESTION.

AND I HATE TO SAY TIME WILL TELL.

I THINK THE BIGGEST CONCERN FOR HIM RIGHT NOW IS THE ASSAULT AILS.

YOU KNOW, THE POTENTIAL IS THAT HE COULD BE SENTENCED UP TO A YEAR IN JAIL.

IT WON'T HAPPEN IN THESE TYPE OF CASES BECAUSE THAT'S NOT THE NORM TO HAPPEN.

BUT -- BUT, YES, THERE ARE OTHER CHARGES THAT ARE POTENTIAL.

IT DEPENDS ON HOW THE INVESTIGATION REVEALS ITSELF.

ALL RIGHT.

WELL, THEN, IF YOU WERE HIS ATTORNEY -- BECAUSE I GUESS TECHNICALLY WE CAN STILL SAY ATTORNEY GENERAL SHIERTMAN FL TOMORROW.

BUT THE POINT IS HE ALREADY CAME OUT AND MADE A STATEMENT.

RIGHT.

AND THAT SEEMS SORT OF ODD GIVEN THAT HE IS AN ATTORNEY.

YOU'RE AN ATTORNEY.

WHAT WOULD YOU ADVISE HIM AS A CLIENT.

THE SIMPLE ANSWER ANY ATTORNEY IS GOING TO SAY IS KEEP YOUR MOUTH SHUT.

UM-HUM.

ANYTHING YOU SAY -- EVERYONE, AN ATTORNEY BOTH PROSECUTOR AND DEFENSE KNOWS THAT ANYTHING YOU SAY CAN BE USED AGAINST YOU IN THE FUTURE.

SO WHEN YOU START RESPONDING TO ALLEGATIONS THOSE RESPONSES CAN BE USED TO FURTHER CORROBORATE AND SUPPORT WHAT THE VICTIMS ARE SAYING.

AND SO KEEP YOUR MOUTH SHUT LET THE ATTORNEY DO THE TALKING.

DOES IT GET COMPLICATED BY THE FACT THAT HE IS AN ELECTED OFFICIAL AND AS AN ELECTED OFFICIAL THAT MAKES A LOT OF SENSE TO MAKE A STATEMENT TO CLARIFY FOR --

EXCEPT THAT HE RESIGNED TWO MINUTES LATER.

WHEN YOU GO ON TWITTER -- WE ALL HAVE A DESIRE TO DEFEND OURSELVES.

SOMETIMES SILENCE IS A BETTER APPROACH BECAUSE WE CAN DEFEND OURSELVES ONCE WE KNOW THE DETAILS OF WHAT WE ARE ACCUSED OF.

ANY ATTORNEY WILL SAY KEEP YOUR MOUTH SHUT UNTIL WE KNOW WHAT WE ARE FACING.

I DO WANT TO TURN BACK TO -- NOT NECESSARILY THE VICTIMS IN THIS CASE BUT TO ANY OTHER WOMEN WHO MIGHT BE IN A SITUATION, BECAUSE OF COURSE THIS BECOMES, WELL, PART OF THE WHOLE POINT OF THE RECKONING OF ME TOO IS FOR THE POWERFUL MEN HELD ACCOUNT.

YET YOU SAY FOR AT LEAST ONE OF THE POSSIBLE POTENTIAL CASES A STATUTE OF LIMITATIONS MAY BE IN PLAY.

FOR WOMEN WHO HAVE BEEN IN SIMILAR SITUATIONS WITH INCREDIBLY POWERFUL, WELL-KNOWN MEN, BE IT NEW YORK, ANYWHERE ELSE, WHAT WOULD YOUR ADVICE BE TO THEM.

NO ONE CAN PLACE THEMSELVES IN A VICTIM'S SHOES.

AND THERE ARE MANY REASONS WHY PEOPLE DON'T COME FORWARD.

SOMETIMES IT'S BECAUSE THEY ARE DEALING WITH POWERFUL MEN.

SOMETIMES IT'S FOR THEIR OWN REASONS THEY DON'T WANT TO FEEL SHAME OR EMBARRASSMENT OF COMING FORWARD.

BECAUSE A LOT OF TIMES WHEN THE VICTIMS CAME FORWARD, THE MEDIA CAME AFTER THAT INSTEAD OF AFTER THE ACTUAL ASSAULTER.

SO THE IDEA -- THE ASSUMPTION -- NOW TIMES HAVE HOPEFULLY CHANGES THAT VICTIMS FEEL COMFORTABLE COME FORWARD.

WHEN YOU TRM COME FORWARD QUICKER THERE IS MORE CHANCE OF THERE BEING ADDITIONAL EVIDENCE THAT SUPPORTS YOUR CLAIM.

IT MAKES IT EASIER FOR THE POLICE AND THE DISTRICT ATTORNEY'S OFFICE TO MAKE A BETTER INVESTIGATION OF THE CASE AND MAKE YOUR CASE STRONGER.

SO COMING FORWARD SOONER IS HELPFUL CERTAINLY IN THOSE INDICATIONS.

BUT THEN AGAIN IN THE SPECIFIC SITUATIONS DOES IT BEHOOVE THESE WOMEN, THE FACT THAT IT SEEMS AS IF THEY DOCUMENTED AND LEFT A PAPER TRAIL AS MUCH AS HUMANLY POSSIBLE.

AN AMAZING PAPER TRAIL.

THIS IS NOT THE NORM WHERE YOU HEAR NOT JUST FROM WITNESSES BUT ALLEGED VICTIMS TAKING PICTURES AND SENT TO FRIENDS AND EMAILS TO FRIENDS AT THE TIME THE INCIDENTS HAPPENED.

THIS IS HELPFUL.

AND COMING FORWARD -- THIS IS NOT JUDGMENT OF THE INDIVIDUALS THAT DIDN'T COME FORWARD.

OF COURSE NOT.

AS A FORMER PROSECUTOR IF I HAD MY WAY THEY WOULD COME FORWARD QUICKER SO WE CAN HELP DEAL WITH THE PERPETRATOR.

ALL RIGHT.

WELL A FINAL QUESTION THEN, WHAT AT LEAST FROM YOUR PERSPECTIVE DO YOU THINK THAT WE CAN EXPECT TO SEE WITH THIS SITUATION?

OBVIOUSLY THERE IS AN INTERIM ATTORNEY GENERAL.

THE POLITICKED SIDE WILL PLAY OUT.

BUT ON THE LEGAL SIDE WHAT DO YOU SEE ON THE HORIZON.

THERE IS A POSSIBILITY -- AND ITD BE GUESSING.

BUT THERE IS CERTAINLY A POSSIBILITY OF CRIMINAL CHARGES DOWN THE LINE WITH AT LEAST ONE OF THE VICTIMS.

THE FACT THAT THEY CAME OUT TOO ME INDICATES THAT THEY'RE WILLING TO SPEAK TO THE DISTRICT ATTORNEY'S OFFICE ABOUT WHAT HAPPENED TO THEM.

AND KEEP IN MIND ALTHOUGH THE ORIGINAL ALLEGED VICTIM OF WHICH THE STATUTE OF LIMITATIONS MAY NOT BE ABLE TO PRESS CRIMINAL CHARGES SHE MAY BE ABLE TO ASSIST IN THE OTHER CHARGES, BECAUSE THERE IS SOMETHING CALLED MOD US OPER ON HER AYE WHICH MAY TEND TO SHOW HE DOES THESE TYPES OF CRIMES WHICH IS WHAT HAPPENED IN BILL COSBY.

WE JUST SAW THAT PLAY OUT.

THANK YOU, JULIE FOR WALKING US THROUGH THE LEGAL MAIZE OF WHAT MAY OR AY NOT BE POTENTIAL CHARGES.

THANK YOU FOR HAVING ME.

THANK YOU.

Funders

MetroFocus is made possible by Sue and Edgar Wachenheim III, the Sylvia A. and Simon B. Poyta Programming Endowment to Fight Anti-Semitism, The Peter G. Peterson and Joan Ganz Cooney Fund, Bernard and Denise Schwartz, Barbara Hope Zuckerberg, The Ambrose Monell Foundation, Janet Prindle Seidler, Jody and John Arnhold, the Cheryl and Philip Milstein Family, Judy and Josh Weston and the Dr. Robert C. and Tina Sohn Foundation.

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