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R. Kelly sentenced to 30 years in prison for sex trafficking and racketeering - YouTube
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we have breaking news right now a judge
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has sentenced singer r kelly to 30 years
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in prison he was convicted in september
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of racketeering and eight counts of sex
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trafficking during the trial multiple
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witnesses spoke about how they were
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sexually and physically abused by kelly
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prosecution argued he used his celebrity
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status to create a quote network of
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people at his disposal to target girls
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boys and young women for his own sexual
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gratification let's bring in paul
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bautista he is a criminal defense lawyer
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as well as the author of the book civil
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rico paul thanks very much for being
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with us i want to get your reaction to
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this are you surprised
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i'm not at all surprised uh these were
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these were very heavy sentences but this
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is this has been a bad two days
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for the rich and famous miss maxwell
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yesterday and
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r kelly today are both in effect
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sentenced to life in prison
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and uh this the size of r kelly's uh
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sentence which exceeded the amount that
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the government was demanding
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didn't really come as a surprise to me
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given the fact that he unusually enough
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he was convicted of uh
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violations of the racketeering statute
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what we commonly call the rico statute
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which carries enormous penalties so it
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was no surprise to me so
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paul as you pointed out prosecution
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prosecutors were asking for uh 25 years
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the judge issued a higher sentence than
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that why do you think that the
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prosecution didn't ask for a higher
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sentence considering what you said and
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how often
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does that happen that the judge exceeds
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the prosecution's recommendations
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uh it does happen fairly frequently you
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have to remember that judges sit there
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through the entire
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trial they are except for ruling on
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objections to evidence they form their
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own impression impressions of the
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evidence of the witnesses they're
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staring at the defendants
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and judges do have even in the federal
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courts much more so in the state courts
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judges do have discretion
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to exceed what we call
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the the uh sentencing guidelines
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and this uh this particular judge
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is uh not known as a harsh sentencer but
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she's a very attentive judge
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and uh she must have formed some very
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distinct reactions to
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mr kelly's demeanor
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his constant substitution of lawyers i
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think that tended to cut against him
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but again the the basic principle would
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be that she she the judge in the kelly
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case
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was applying that driving force
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of the racketeering statute which was
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not annoying in ms maxwell's sentencing
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yesterday
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well kelly has replaced his legal team
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since he was convicted he is now
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represented by the same attorney who
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helped get bill cosby's conviction
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overturned what does that suggest paul
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about his strategy
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well his strategy seems to be all over
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the place if you look at the docket
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sheet which is publicly available
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kelly has
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or deter attorneys with great frequency
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he has a right to do that
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uh he did it
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uh
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certainly
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if he's if he believes that by bringing
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in new lawyers at this late date
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before just before the sentencing he's
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throwing a hail mary pass because the
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record is already set
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the sentencing memoranda of both sides
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were already submitted and the judge had
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probably already
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made her decision
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certainly kelly is going to appeal
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certainly ms maxwell will appeal
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uh but the the unfortunate part for both
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of them
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is that
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convictions in federal court are very
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infrequently reversed and speaking of
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federal court paul kelly is facing a
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separate federal trial in chicago for
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child pornography and obstruction
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charges there now that is expected to
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start in august
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is today's sentencing going to impact
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that trial at all
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uh it's it's an open question to me for
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quite frankly tanya and i don't want to
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get overly technical kelly was acquitted
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by a state court on the charges for
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which he is now going to be tried in the
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federal court in illinois
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so number one i would have the issue as
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his lawyer of whether or not he was
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facing double jeopardy
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in effect being tried tried twice for
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the same offense
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and it it may well be that
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given given the sentence here in new
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york against kelly
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the senate the proceeding in federal
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court
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in illinois in chicago
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may well
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disappear uh i'm not making that
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prediction but that does often happen
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um on the um situation here in new york
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uh does our kelly have a route for an
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appeal do you see a basis for that given
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the facts of the case
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well
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he has
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he actually has uh
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i'll put aside the
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the pornographic element of all of this
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which is horrendous
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but as a technical matter and i don't
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want to you know hack in the weeds
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uh i think he may have a stronger basis
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for an appeal of the racketeering
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conviction because essential
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to establishing a
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racketeering conviction are a few
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elements
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but in order to do that you you as the
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government have to show
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that the victim was damaged in his or
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her
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business or a property and it seems to
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me from the start
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a glaring omission here has been
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the lack of an impact
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well i don't doubt that i dunked out the
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the suffering of these young women and
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now grown women but uh
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significantly omitted from the proof was
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what were the money damages
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sustained by
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uh the victims and i don't they
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kelly may have a fairly strong argument
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along those lines in which case
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he the the substance wouldn't be
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reversed but the case might well be sent
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back for the government to have another
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try
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at establishing that critical element of
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loss of
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of monetary or financial loss
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all right paul batista if you could uh
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stand by for one moment we also want to
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bring in cbs news national correspondent
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rica duncan who is outside the
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courthouse
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with more on this hi can you give us
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some color on what happened today inside
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the courthouse when the sentencing was
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read
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well we were possibly expecting to hear
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from r kelly but in the end his
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attorney said that her client would not
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be giving any statements as you guys
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have just mentioned those pending cases
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but the judge started off by simply
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saying that the sentencing of another
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human being was probably the hardest
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thing that a judge has to do but laid
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out what this sentencing was supposed to
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reflect the sentence she said must
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reflect the seriousness of the crime the
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act as a deterrent and protect the
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public from future crimes she mentioned
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a number of other things but at the end
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as you just mentioned of course if
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you're just joining us r kelly's
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sentenced to 30 years in prison the
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federal prosecutors were asking for an
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excess of 25 years so they got what they
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were looking for meanwhile his defense
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team was hoping somewhere in the range
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of 10 years because they felt as though
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the punishment did not fit the crimes
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that he was convicted of
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again we're hoping to hear from some of
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the victims who were inside today
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we know that federal prosecutors are
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expected to come out
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and address the media something that i
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thought was very interesting because we
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have heard from some of these victims
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before
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during the
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actual testimony 45 witnesses were
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called at that time
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back in september during that six-week
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trial but what i thought was interesting
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was faith rogers who we first actually
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interviewed a couple of years ago and
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said that she got an std unknowingly
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from r kelly when she was 19 years old
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went up before
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the court
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and talked directly to r kelly talked
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about what he did to her but then her
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father
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wanted to address him and said literally
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i want to i want you to look at me man
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to man father to father and he talked
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about his own experience as a father
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being abused as a young child and
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empathized with r kelly and basically
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said you know we could come here today
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and be angry and upset
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but we forgive you uh we have compassion
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for you and we believe that there is
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forgiveness in all of this if you admit
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to what you did but as you heard earlier
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as i was listening to you all speaking
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to the attorney r kelly did not admit
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any wrongdoing he had nothing to say to
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the numerous victims today who gave
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victim impact statements but again the
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judge saying that this was not a case
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about sex but that it was about violence
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cruelty and control
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jerica i'm wondering and you touched on
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it there just a moment ago but what was
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it like inside that courtroom as that
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sentence was read is such an emotional
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time for these survivors
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there has been so much
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emotion
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leading up to this moment what is it
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that the reaction was
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throughout that courtroom as that
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sentence was read
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you know i didn't hear any of the people
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who testified before and honestly i was
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in the overflow room so i couldn't get a
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good look at what
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if any there was an emotion no reaction
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or anything i didn't hear any signs of
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relief or
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anyone say anything but i think without
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a doubt having spoken to many of these
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women before there is a sense of relief
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and finality
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at these sentencings obviously it first
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happens when the person
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accused of these crimes is actually
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convicted and that happened last year
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but now here we are facing the day of
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sentencing where these victims or
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survivors if you will get a chance to
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directly address the person that they
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say destroyed their lives and change the
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outcome of what they could have been
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what they wanted to be because of this
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man that they believe took advantage of
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them so
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just to hear the emotion from them
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it was intense and again i i don't think
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any of us were expecting to hear from
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the father of somebody um
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who was abused by our kelly sure
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paul if you're still there i'm wondering
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if you could comment on what we just
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heard from jerica that you know r kelly
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showed no
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remorse he had nothing to say to the
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victims or the family of the victims i
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mean how can that factor into number one
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the chance of an appeal as we were
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discussing earlier um and number two you
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know any sort of
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early
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obviously he has a long prison uh you
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know term ahead of him any sort of early
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release from prison
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this is a fascinating case study i i
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think that a miss maxwell's
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admission of guilt and remorse before
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she was actually sentenced
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may have alleviated her sentence to some
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degree it was in a way
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an act of courage in a lifetime time and
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i'm speaking about ms maxwell it didn't
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demonstrate a lot of courage that may
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have been helpful to her
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uh kelly's response doesn't surprise me
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given the nature of the evidence that
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shows he was a man who was accustomed to
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brutality accustomed to giving commands
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and he was not gonna
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in his view in his
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macho world view
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he wasn't gonna grab grovel in front of
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a
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federal judge to get a lesser sentence
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had he had he shown some remorse
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had he looked the victims in the eye and
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shown some remorse
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he may have gotten a 25-year sentence as
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opposed to a 30-year sentence
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and also in terms of appeal it's a very
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very difficult question if you have a
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client at sentencing
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who says in effect i did it
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i did the crime
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that really almost negates any chance he
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has or she has
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of a reversal on appeal it's a very
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complicated question
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you know paul i'm wondering as well
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when you look at these two cases
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as we're talking about what does this
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potentially sort of
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what message does this send to those
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survivors
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of abuse of sex trafficking because we
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have covered and jerica has covered
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extensively how um so many times people
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who survive this kind of abuse are
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simply not believed and how that weighs
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on them in even coming forward to
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authorities
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we know there's a lag between the time
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that sometimes crimes occur and that the
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people who survive are able to come
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forward
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sort of taken together now the way that
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these cases have played out
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what's your sense about the message that
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sends regarding how our judicial system
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views these cases and these survivors
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well certainly
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both of these cases i think
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brilliantly
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demonstrate that the law is very capable
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of reaching back
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long distances
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to try to remedy these wrongs
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it also illustrates to me
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that the persistence
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of the ladies or other victims there
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could be male victims
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uh over a course of in in several of
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these cases 20 years two decades
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the persistence can result
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in obtaining
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justice
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so
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the message is going to be
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as difficult as it might be to finally
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come forward
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come forward the statutes of limitation
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have been broadened
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you will have your chance
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to have justice done
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to confront your abuser
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and try to seek justice and balance so i
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think both of these cases send very
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strong messages to victims who may have
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been
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silenced by fear of recriminations
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by fear that they won't be believed
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shame
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i think these are both very strong and
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compelling cases
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of victims to show strength and come
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forward after many many years right
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against high-powered in
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