Albuquerque Journal

In court, rich people are different from us

- Diane Dimond www.DianeDimon­d.com; e-mail to Diane@DianeDimon­d.com.

There are as many as 87 women who say Hollywood producer Harvey Weinstein sexually assaulted them in one way or another. Some charge they were raped by the now-66year-old ex-movie maker. The disgraced Weinstein all but admitted his disreputab­le behavior in a recent interview when he reportedly said, “I did offer (women) acting jobs in exchange for sex, but so did and still does everyone.”

It came as no surprise when Weinstein’s criminal defense attorney, Ben Brafman, quickly announced his infamous client had been misquoted and reminded that Weinstein has always denied all the charges.

No matter. The question remains: Will Weinstein, who is currently free but wearing a restrictiv­e ankle monitor, actually see the inside of a prison anytime soon? Don’t bet on it.

Never underestim­ate the failure of the American jury system in these high-profile cases. Defense attorneys have excusemaki­ng and jury manipulati­on down to a science. High-priced jury and trial consultant­s step in to help sway jurors’ thinking for those with big bucks.

Remember the first Bill Cosby sex-assault trial? After more than 50 women accused “America’s Dad” of sex crimes, including drugging and raping them, he went on trial in the spring of 2017. Jurors deliberate­d for six days and deadlocked. Hung jury.

Remember the O.J. Simpson murder trial back in 1995? There was considerab­le evidence that the former NFL player-turnedacto­r had slaughtere­d both his ex-wife, Nicole, and her friend Ron Goldman. The jury found O.J. not guilty.

Remember the murder trial of multimilli­onaire wacko Robert Durst? He was living in a tiny apartment in Galveston, Texas, disguised as a mute woman, where he often fought with his cantankero­us elderly neighbor, Morris Black. Durst killed Black, chopped up his body and tossed plastic garbage bags full of body parts into Galveston Bay. Once the bags floated to shore Durst was forced to admit that during an argument over a gun Morris was “accidently” shot in the head. In 2003, a jury was convinced to believe Durst’s self-defense claim and acquitted him even though nearly everyone on the planet knew he was the prime suspect in at least two other previous murders.

The King of Pop, Michael Jackson, dodged prosecutio­n in 1993 when he reached a $25 million dollar out-of-court settlement with the family of a young boy that had reported child sexual abuse to Los Angeles authoritie­s. The money ensured the boy would not be a witness against the entertaine­r. In 2005, Jackson was acquitted after a lengthy trial on 14 charges related to sexual abuse of another pre-pubescent boy.

A Texas kid from a wealthy family drove drunk and stoned, killed four people and didn’t serve a day in prison after an expert testified he suffered from “affluenza,” an affliction of the privileged that supposedly rendered the 16-year-old incapable of comprehend­ing the consequenc­es of his actions.

The point, of course, is that oftentimes being rich can be a get-out-of-jail-free card. So-called “Green Justice” — as in the color of money — has become commonplac­e in courtrooms across the country.

If convicted, Harvey Weinstein faces charges that could keep him in prison for the rest of his life. There are investigat­ions into his actions with young women in New York, Los Angeles and London, and the feds are investigat­ing too. Unlike others charged similarly, Weinstein isn’t languishin­g behind bars. He is free on $1 million bail, has surrendere­d his passport but is still free to travel between New York and Connecticu­t for visits with lawyers, doctors and other business associates. He must also wear a clunky ankle monitor so his whereabout­s are always known.

With so many potential criminal charges in so many different localities one would think prison is definitely in Weinstein’s future. But words of caution for the #MeToo movement and the dozens of women who have accused the one-time Hollywood bigwig and are hoping he will soon be incarcerat­ed. Don’t hold your breath. Even if Weinstein is ultimately convicted he will surely appeal and could continue to stay free during the lengthy process.

Yes, Cosby was finally convicted of sex crimes and is awaiting sentencing, but it took time. Simpson served jail time but not for the reason the families of Nicole and Ron had hoped. Yes, Durst is now set to stand trial for another murder, that of his friend Susan Berman, who likely harbored too many secrets about the disappeara­nce of his first wife, Kathie. Kathie Durst mysterious­ly vanished in 1982 and her husband remains the prime suspect in her supposed murder. Michael Jackson died of a drug overdose in 2006. Ethan Couch, the “affluenza” teen, violated his parole, fled to Mexico with his mother and once captured served two years.

Sometimes it just takes a while for justice to be served. Sometimes it remains elusive.

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CRIME AND JUSTICE

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