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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
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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
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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
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Appeal Argued in New Jersey Appellate Court in April 1997. Skeptical that force and coercion had been used Dismissed force and coercion charge. Upheld Mental Capacity Charge Result-Jury verdict left standing
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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
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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
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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
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Were the Strategies effective? Tom Ford-Chris Archer Alan Zegas-Bryant Grober Michael Queques-Kevin Scherzer Louis Esposito-Kyle Scherzer
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Prosecution Unreliability of Leslie Experts Mother
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Was Justice Done? The adversary process is a credibility contest, focusing on winning and losing What was accomplished by sentences Rehabilitation? Deterrence? Punishment?
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