THE NEXT STEPS

May 09, 2018 at 5:00 am

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.

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>> 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.

Mutual of America PSEG

Funders

MetroFocus is made possible by James and Merryl Tisch, Sue and Edgar Wachenheim III, the Sylvia A. and Simon B. Poyta Programming Endowment to Fight Anti-Semitism, Bernard and Irene Schwartz, Rosalind P. Walter, Barbara Hope Zuckerberg, Jody and John Arnhold, the Cheryl and Philip Milstein Family, Janet Prindle Seidler, Judy and Josh Weston and the Dr. Robert C. and Tina Sohn Foundation.

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