the prosecutor s recommendation, many bryan is the most likely to get some chance at parole at the end of day. according to the judge in this case, this break that he s taking should end in about five minutes and we ll learn the sentence. areva, let me come back to you for one more question here. would you have expected to have heard from the mcmichaels and from bryan today? they have not spoken on their own behalf? well the lawyers made the point, victor, that they couldn t speak because they are facing federal hate crime and that trial that trial is slated to start in february. so they leaned heavily on the argument as good defense lawyers they couldn t allow their clients to take the stand. but what we saw in the derek chauvin case was he was also charged in federal with federal hate crimes and he reversed niz not guilty plea to guilty. so they could have done the same. so the notion that they could not take the stand and express remorse, that is a tactical
could be an existential crisis. explain why you think it s different this time? well, it s different this time, don, because he has um two deeply-resourced, sophisticated prosecutors breathing down his neck. he has juggled these kinds of accusations in the past from journalists. but journalists don t have subpoena power. journalists don t have the power of the law behind them. and and he s he s in a corner now. um, we don t know, you know, if he will stay there. we don t know if he ll end up, you know, deeply pen penalized in the civil case, and possibly going to jail in the criminal case. i i i don t see that as an outcome. but i don t see also that he is just going to skate through this as he has through every other lega legal snafu he has encountered in the past because it is just a very different set of circumstances this time. and his organization has been under pressure. he has people inside his own
an understanding what wez going on. one of the officers testified he did hear george floyd say he couldn t breathe, but that became a common refrain after eric gardener was killed by police in new york city, so he was trained if you can talk you can breathe. all these arguments that, you know, shift the blame have been tried in the derek chauvin case. obviously these three officers weren t on trial there but we saw these same lines of defense used and they were rejected by the jury. i don t think based on what we ve seen so far, the limited testimony from the defendants they re presenting a persuasive case. people expect police officers to protect and serve. they expect them to know what s going on and expect them to intervene if they see an officer doing something that s going to cause the kind of harm caused to george floyd. again, until we hear from these defendants i think the prosecution s case is going to carry the day. areva, i ve got to ask you about this. i want to ask you a
there. we don t know if he ll end up deeply penalized in a civil case and possibly going to jail in a criminal case. i don t see that as an outcome, but i don t see also he s just going to escape through this because he has through every other legal snafu he s encountered in the past because it s a very different set of circumstances this time. and his organization has been under pressure. he has people inside his own company who could potentially flip against him. his in-house accountant has been indicted. his outside accountants appear to be cooperating with investigators. and now there s, you know, the likelihood at some point they re going to have to testify under oath. whether he says anything useful in that deposition is another matter. but it is a really intense set of circumstances facing him right now. elie, i want you to respond to what tim had to say because
in making this case. interesting. like you said one of the jurors is asking the judge in the court if the judge is going to provide counseling services today. they will. if you re the defense if you re the defense attorney in this case, what are you making of this counseling request? that cannot be good if you have and i want to hear from you, though if you have a member of the jury saying this was so disturbing i need counseling. oh, it s not a good sign at all, don. and you couple that with the defense attorneys even in their opening statements they had to admit that their clients made these statements. but they then told the juries disregard these statements. you have to keep in context these statements weren t made in reference to ahmaud arbery and somehow they can make these statements but yet engage in conduct not motivated by racial animus. i think the defendants know it s a stretch. peoples minds just don t work that way. jurors minds don t work that