June 12, 2009

Split decision

Posted: 05:11 PM ET

NEW YORK–Finally, a verdict in the so called "fake Rockefeller" case. After 26 hours and 27 minutes of deliberations over five days, a Boston, Massachusetts jury found Christian Gerhartsreiter guilty of kidnapping and assault with a deadly weapon, but not guilty of simple assault or furnishing a false identity to law enforcement.

Christian Gerhartsreiter walks out of courtroom in handcuffs after guilty verdict

The split decision helps us to understand what took the jury so long to reach its verdict. Put simply, the case wasn't as simple as it seemed.

First of all, it is not a crime to call yourself a Rockefeller or a Kennedy or anything else for that matter. It only became a crime here when Christian Gerhartsreiter gave the name "Clark Rockefeller" to police. The more serious charge, of course, was kidnapping; and while kidnapping is of course a crime, it was understandably difficult to convict a man for kidnapping his own child.

That leaves the assault and battery with a deadly weapon; and that's where Gerhartsreiter really ran into trouble because, as relatively benign as this case seems, as compared to all the rapes and murders we cover on cable, there is a real victim here: Howard Yaffee, the social worker who took it on the chin to protect his charge - little Snook’s, the child at the center of this mess.

Add to that, the whole question of insanity - which is never simple and it's really no wonder the jury was out for so long.

So whatever you think of their verdict, there is no doubt this jury took its time with the facts; these jurors wrestled with the law. There can really be no question that this jury got it right.

–Jami Floyd, In Session anchor

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Carolyn

June 12th, 2009 11:07 pm ET

Although he has been found guilty, I don't feel his ex wife and child are safe. Their faces have become so recognizable there is no place to hide. There are kooks who would not think twice about kidnapping the little girl. I'm sure there are other parents, those that empathize with him on custodial issues, that might attempt to "even the score." Stalkers are another issue Ms Boss will have to contend with. Clearly, neither one will ever have a normal life.

As for the defense attorney, he owes Ms Boss an apology. I resented his attempt at making "her" responsible for the abuse she suffered. We don't know everything there is to know about our spouses. For those who suffer abuse at the hands of another, I was one of these women, leaving isn't easy. There is always the fear of being found, having relatives that enable an abuser, friends who will take sides. When there is the issue of money, name recognition, it isn't unusual for reports of abuse never being filed. Bruises aren't always visible. Bodies will heal, but the mind and spirit often do not. Let's hope he never gets the chance to do this again.

Cydney

June 13th, 2009 1:20 am ET

Ultimately, I'm pleased with the verdict... but I don't understand how they could have found him not guilty on supplying a false identity when he clearly gave the police a name which was not his own. I would have thought that this would have been fairly cut and dried. I can't help but wonder if perhaps there wasn't a bit of bargaining behind the jury door.

Spider

June 16th, 2009 3:47 pm ET

Cydney-

It's called an AKA or an alias in police parlance.

How many times have you heard of some gang member like "Big Dog" Johnson being charged with furnishing a false identity? Everyone around "Rockefeller” knew him by that name.

By the way, have you ever served on a jury? Of course there was some
bargaining in the deliberation room.
"We've been here 5 days. What's it gonna take to make a decision and go home?"

Pam

June 30th, 2009 3:06 pm ET

Does no one remember the quote from Oscar Levant: There is a thin line between genius and insanity...... This man was clearly insane.

james flynn

July 9th, 2009 6:43 pm ET

...Just what we need, Another Czar appointed by Obama, a Pot Czar, There ye go

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