Oct 28, 2008 6:02 pm US/Eastern
Legal Expert: Wilkerson Will Likely See Jail Time
BOSTON (WBZ) ―
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Sen. Diane Wilkerson refused to speak to reporters after being released from jail on $50,000 bail.
WBZ
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In one case, Wilkerson is seen taking the money and stuffing it under her sweater and inside her bra.
U.S. Attorney's Office
As Sen. Diane Wilkerson was released from jail Tuesday on $50,000 after she was arrested on federal charges of attempted extortion, many are wondering if she will actually see any jail time.
Agents say Wilkerson was caught on video taking some of the $23,000 in bribes from undercover agents posing as businessmen.
If convicted, Wilkerson faces up to 20 years in prison, plus fines of $250,000 on each count.
Legal analyst and former prosecutor Jennifer Roman says the evidence against Wilkerson is overwhelming.
"I wouldn't want to be defense counsel, I'll tell you that," Roman said. "The evidence includes very incriminating statements by Diane Wilkerson herself on tape, and there are photographs. What else could the prosecution ask for?"
What are odds that case will actually go to trial?
"I think it's highly unlikely this case will go to trial," Roman said. "There is so much evidence here. We're only seeing one side, but what we've seen so far is pretty incriminating. Diane Wilkerson's counsel is probably saying to her right now, if all this evidence is true and this all pans out, what they (prosecutors) say they have they actually have, let's talk plea.
"Let's try to minimize your jail sentence. Let's try to minimize the amount of fine that you'll have to pay. Let's basically try to get out as little damage to you as possible."
What's the likelihood Wilkerson will see jail time? "I think Diane Wilkerson will see jail time," Roman said. "It's going to become a question of how much. Because it's 20 years maximum if she was to go to trial, if all the factors were in place and the judge felt 20 years was warranted. It's more likely that she will see a couple of years and probably a lengthy probation period with a very hefty fine."
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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