VERDICTS Chris Archer-Guilty of two counts of aggravated sexual assault-1 for using force or coercion, 2 for assaulting mentally defective woman. Guilty of 2 nd degree conspiracy Kevin Scherzer-same as Chris Kyle Scherzer-Guilty of 1 count of first degree aggravated sex assault-using force or coercion. Guilty 2 nd degree on mental defective charge.Guilty of 2 nd degree conspiracy
Verdicts Bryant Grober-Acquitted of 1 st degree aggravated sexual assault, Guilty of 3d degree conspiracy to commit aggravated sexual assault and aggravated sexual contact
SENTENCES Archer and both Scherzers-maximum fifteen years in prison (could have been up to 40 years)-bail pending appeal Young adult offenders institution Grober-3 years probation and 200 hours of community service
Appeal Argued in New Jersey Appellate Court in April Skeptical that force and coercion had been used Dismissed force and coercion charge. Upheld Mental Capacity Charge Result-Jury verdict left standing
Jury 10 women, six men, 8 black and 4 white. Majority in 30s and 40s, few in late 50s and early 60s-one was 26 Urban and suburban Mixed occupations
Motions Requests for a ruling of law outside of jury Rape Shield-these laws, adopted by a majority of states, preclude presentation of evidence of victim’s prior sexual activity with anyone other than defendant Here-judges ruled that accounts of her prior sexual conduct was admissible
Lawyers Lawyers for each took different approach in constructing story Goldberg- prosecutor-tried to lay groundwork for who Leslie was Defense could have -argued that she was mentally capable -that she was sexually experienced -didn’t know her but this would require them taking stand -down and dirty approach-she was promiscuous and wanted it
Were the Strategies effective? Tom Ford-Chris Archer Alan Zegas-Bryant Grober Michael Queques-Kevin Scherzer Louis Esposito-Kyle Scherzer
Prosecution Unreliability of Leslie Experts Mother
Was Justice Done? The adversary process is a credibility contest, focusing on winning and losing What was accomplished by sentences Rehabilitation? Deterrence? Punishment?