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Will accusers' credibility be a factor in Sandusky case?
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Legal Analyst Lis Wiehl and defense attorney Anahita Sedaghatfar discuss the details of this case
- Duration 7:22
- Date Jun 5, 2012
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Legal Analyst Lis Wiehl and defense attorney Anahita Sedaghatfar discuss the details of this case
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I'm as a prosecutor.
How do you see this case unfolding.
I think it's a good decision that judgment yesterday saying.
No -- for the accusers alleged accusers alleged victims have them take the stand it will be more difficult for them absolutely but their credibility is so much at issue.
And so the jury sees that these young another young man -- V now young adults.
At it the alleged time this happened they were boys.
Now they take the stand under their own names and tell their story and then it's a -- seated -- do the yeah.
-- I hit yet I always thought and I that a lawyer for since 1980 I would -- it was unfair.
-- The accuser.
Can somehow remain anonymous.
And the accused is splashed all over television in newspapers and radio and so I always thought that was fundamentally unfair.
What do you think.
-- you know luck in this particular case we have a major monster are OK major monster hair.
Allege that major non after fairly mean.
And I need to -- Casey Anthony.
Not guilty.
You know having having these victims come Florida and identifying themselves.
Is something that the judge ruled on and I mean he said basically there's no -- Pennsylvania that requires them.
-- not just close their names I mean.
It completely follows the public policy of our court system that is.
Open access to the courts and giving criminal defendants the ability to confront their -- exactly and I don't think I think fundamentally unfair concept -- -- type.
But the sixth amendment right to confrontation which is -- -- That there is another thing -- that the dead men that the judge said could go forward should go forward and -- and expose their names are all adults.
That other people the other alleged accusers alleged victims will not have to ex expose her name to that's a big difference in our in our criminal justice system.
-- want to talk about a couple of other rulings made why the judge of course no cameras inside the courtroom.
The judge went so -- -- to say it right no emails -- tweets text messages none of that.
-- also ruled -- that prosecutors.
Do not have to share with the defense.
There pretrial research.
Into the potential jurors and -- everybody's got to do their own home.
Right -- I completely agree with that now as far as the tweets and emails all of that.
There been cases have been overturned and other civil and criminal cases where people have been tweeting and it in the courtroom and out.
That is wrong kind of I think I'm so glad it's that the -- to prejudice didn't exactly.
If this I'm totally with that as far as sharing research.
That's work product refused to share exculpatory evidence absolutely.
That's prosecution 101 but not work product right.
What do you think about that and -- now I've.
You know well number one I agree completely -- with the judge's ruling regarding no tweets know emails I mean.
That just gives the basis for a -- -- or it creates problems down the line we don't need that.
But in terms of the judge's ruling regarding the -- search of the potential jurors I have to say I don't necessarily agree that that's considered work product.
I mean the prosecution shouldn't that have been required to turn over that information why don't want to.
Well I wanna turn to a comment from dean dire one of our viewers who cares he writes the media already convicted in his life is over the only question is whether he deserves it.
Well you know.
Seem to have convict -- -- but he gets his right to defend himself police.
To tell his side of the.
We're you have asked the American he's always -- we don't know the facts yet the facts have not been admitted into the courtroom we'll find out -- the jury is impaneled so.
What we comment on as the facts as we know them the complaint that's what we hear.
But the facts are really the facts of the courtroom our faxes the recitation of the released portion.
Of the information right on the indictment but let's see what happens on the court right here.
In the media and in my opinion have -- medias are ready basically locked the sky up and thrown him -- you know and seeing how do you get a drop out there.
I think it's going to be difficult announcing -- I think the selection of the jury is going to be probably one of the most important things first and does his defense team.
Because he needs to get in there and make sure that he vets those jars because.
I'm missing something NMR there's been some other world you've heard of these allegation but it -- -- -- If complaints online it's not the -- -- It's not the media the convict him lock them up it if he -- convicted locked up it's the people on the jury and it's the judge and that's that.
And that's the way it should be I mean.
There's something called the constitution here hello due process.
You know Gerri stand -- key while he's probably not the most beloved guy in the world he deserves a right to a fair trial and he deserves a fair -- I mean it plans some.
Oh and speaking of a fair jury leads as I -- -- the law it's not whether any potential juror.
-- knows about it hey I'd rather having heard about whether they can set aside any pre conceived.
Opinions.
And simply judge the defense ranked based on the evidence presented within the war.
Walls of the.
Exactly not come in with a complete bias.
If you think at a high profile cases that potential jurors have not heard or read about the case.
You're living in a different -- for me that's just not what happens.
But with the -- that that lawyers have to do is say look and you even knowing all of that can you comment and justice fairly and squarely.
Yeah I think you need is I would imagine you've got to be concerned.
In terms of fairness as to whether or not -- are jurors there who are so vast it in Penn State you know this.
Wonderfully -- steamed iconic institution that so defines that particular community.
That -- you know Jersey -- to save the program to save the university what we really hate to do was -- this got me.
How do you find that out from a potential -- that's.
-- -- -- Well I mean I think definitely send -- he is a very lucky and fortunate that.
The jurors are going to be taken from that county where he lives the counter -- Penn State as.
That definitely -- to his benefit and I think.
To a certain extent you are gonna have many many jurors that are going to be affiliated with Penn State that are gonna know Jerry sandusky and hopefully are willing and able.
To put aside their preconceived notions and Jackson fairly look for let's not forget -- But the burden of proof ultimately is on the prosecution.
Okay.
The prosecution used to prove each and every one of these allegations beyond a reasonable doubt.
Now -- we see here I mean you got multiple big thumbs you know that are gonna come and testify about things that -- years and years and years and years ago.
I mean it's it's not going to be an easy task from a prosecution side.
I would just tell you if I'm prosecuting this case I'm looking for those jurors.
I'm looking for parents and probably parents and young man -- well you could expect the defense to try to portray these young accusers as.
Liars who colluded in their story.
And they're entirely motivated out of money in civil lawsuits that have either already been filed or will be filed in the future.
Thanks so much for being with us and he did it said it got far.
Thanks so much -- from Los Angeles Police Willis always Fox News legal analyst former federal prosecutor in the same thing.