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'Rockefeller' verdict analysis

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Play from 0:00[0:00] ..." I'm Diane Stern with the defense attorney Al Johnson now -- around reacting to the verdict today in the Clark Rockefeller case. He was convicted of the two most serious charges and surprises from your point of view."...

Play from 0:30[0:30] ..." proven. Like going to a -- concerted course of action. By Clark. Rockefeller as he calls himself. Two. -- news news minor child. Again it's the court order I don't I don't think there was"...

Play from 2:34[2:34] ..." I think demand Rockefeller was what did it. If someone were to. Be charged with a crime in the United States now whose last name. Seem to be that of Obama I would gather that it would do a I don't want to"...

Play from 5:50[5:50] ..." planned. They kidnapping. And whether or not he carried it through to parishioners. Which obviously they've found but he did."...

Play from 5:57[5:57] ..." Thank you so much now we appreciate it. Noted defense attorney Al Johnson I'm Diane Stern WBZ Newsradio 1030."...

Play from 0:00[0:00]" I'm Diane Stern with the defense attorney Al Johnson now -- around reacting to the verdict today in the Clark Rockefeller case. He was convicted of the two most serious charges and surprises from your point of view."

Play from 0:13[0:13]" I was not surprised I would have been surprised that he was found not guilty. The most serious offenses. Kidnapping and assault battery in the -- and I think that those cases where well proven by -- common while. So the kidnapping as well as well proven. Like going to a -- concerted course of action. By Clark. Rockefeller as he calls himself. Two. -- news news minor child. Again it's the court order I don't I don't think there was any question but that he planned at Walt that the insanity defense. Set forth by these two experts. Was simply didn't --"

Play from 0:55[0:55]" Of course of that there was sort of this the split verdict with the ANC charges the assault and battery. At just as the plane assault battery than the assault and battery with a dangerous weapon of these the issue indeed it was there any surprise there is is is that a little stretch."

Play from 1:10[1:10]" No it's not -- a jury nullification. And I think in this case the bureau spoke that if they convicted him the more serious charges that the very minor charge of giving a false name. Ought to be discarded. And they simply did not believe that the assault on the escort was serious enough to warrant conviction and so I think that they. Simply nullified. Those judges and their own minds. As a matter of fact on the false name. I believe that it requires that the false name be given with a malicious intent or intent as an artifice of fraud. And and I don't think the commonwealth proved that that was the case."

Play from 1:54[1:54]" I know -- the at the Suffolk DA said that. That -- boss the little girl was was there at the time and that her father. It -- in it was only known to her by this name so maybe that would account for that this discrepancy."

Play from 2:09[2:09]" It's a very minor charge and clearly this guy would use that name -- time and I think that the jury simply felt that it would be. Piling on as a matter of fact I think it. Men have been over charged in the indictment."

Play from 2:23[2:23]" What isn't about this case that captured -- so much attention not only in this area but you know indeed across the country that the fact that this was a man who used a lot of aliases and that was part of."

Play from 2:34[2:34]" I think demand Rockefeller was what did it. If someone were to. Be charged with a crime in the United States now whose last name. Seem to be that of Obama I would gather that it would do a I don't want to build publicity that some guys ran around calling himself. Obama. Or roar. Clinton Obama or something of that time that would get some publicity I think."

Play from 2:59[2:59]" But that not -- the facts of the case itself."

Play from 3:02[3:02]" Now I don't think the fact -- usual except. The insanity defense was proffered I think two. Except in the murder cases. Several which I have tried would be insanity defense was raised. I think that this -- usual two. Property insanity defense on a non capital case."

Play from 3:24[3:24]" Anything else that struck you about this case it did you were actually coming up to about a year since the event itself."

Play from 3:30[3:30]" You know -- you indicated when a priest asked about this case. One I thought would be the trial strategy and I indicated that it would be they battle of the experts. That is decided that the defense would put on experts who would testify. That this forward whose name that is he could not conform his conduct to be law and the commonwealth would also put on an expert -- exactly what happened thought that the them. Experts put on a profit by the defense. We're certainly solid. Expresses no question about that but I predicted that testimony. Flew in the face of the actual facts of of this matter I think it would be very difficult committee where he could be -- pure. To believe the testimony that this soul could not rationally. Determine his course of action. Conform -- law."

Play from 4:30[4:30]" Now of course of one of those one of the defense expert witnesses was AM a TV personality and a celebrity psychiatrist if you will doctor keeps abelow and and he was persuasive -- saying that it wasn't convincing."

Play from 4:45[4:45]" I think in view the practice is no psychiatrist who was put on the stand a category one. Would have persuaded a a -- world. In view of the -- which led up to. The actual kidnapping there was a planning stage which existed over a period of many months. Where rom this whole. Clearly understood the nature and extent of what he was doing."

Play from 5:10[5:10]" An empress has always easy in hindsight. It to say these things split down. But you said this before the verdict."

Play from 5:17[5:17]" I did it said that it would be a battle of the experts. And that indeed is what it was mark -- was made of the fact -- the experts either elect. Credibility in the case of the common -- also expert or that they had a great car credibility in the case of the defense expert but. I think destroy each -- it not only. But he -- battle of the experts which held -- had no consequence in this case what sort for what it was. They question of what the factual situation was whether or not this -- actually planned. They kidnapping. And whether or not he carried it through to parishioners. Which obviously they've found but he did."

Play from 5:57[5:57]" Thank you so much now we appreciate it. Noted defense attorney Al Johnson I'm Diane Stern WBZ Newsradio 1030."

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