When Campbell Brown’s Vergara-style trial moves to New York City, its star witnesses should testify for the defense, not the plaintiffs, argues Gary Rubinstein of New York City. Tom Kane of Harvard testified in Los Angeles that teachers in New York City were not maldistributed, as they were in Los Angeles. Another star witness for the Los Angeles was Raj Chetty.

Rubinstein reviewed their testimony, and concluded that their testimony could be used by the defense in New York City.

He wrote:

“Also a major witness was Raj Chetty who published a big paper about how students who had teachers with higher value-added scores made more money in life. These conclusions have been challenged pretty convincingly, but still even the President paraphrased the paper in one of his State of The Union addresses.

“So now there will be a Vergara-like trial in New York City. The prosecution has some very heavy hitters. For the defense, I don’t know. The defendants are people like John King. I wouldn’t be surprised if many of the defendants hope to lose the trial and maybe won’t get the best representation to go against a dream team rivaling the OJ Simpson lawyers.

“But the New York trial, with competent defense attorneys, should be much easier to win. First of all, New York has a three year tenure process, which is something that was argued would be a reasonable amount of time, even by the prosecutors, during the Vergara case…..

“Later on, Kane explains to the defense that Chetty also did not find that ‘ineffective’ teachers were disproportionately assigned to poor students.

Q AND WITH RESPECT TO THIS MALDISTRIBUTION OF EFFECTIVE TEACHERS, PROFESSOR CHETTY DID NOT FIND THIS MALDISTRIBUTION IN THE NEW YORK CITY SCHOOLS; CORRECT?

A THAT’S MY READING OF HIS RESULTS, YES.

So it seems that this would make Kane and Chetty pretty bad witnesses for the New York case. Perhaps they will get other witnesses, or they will get Kane and Chetty and hope that the defense doesn’t have (or doesn’t care to do) what it takes to go up against the big hired pro-bono guns. If only I had gone to law school, like I had originally planned, rather than do TFA, I’m sure I could win this case.”

But the biggest problem the prosecutors are going to have is that in the Vergara case, Kane had said in his testimony that poor kids in Los Angeles had a disproportionate percent of ineffective teachers, according to his research. To show how bad it was, he compared it to New York where this same phenomenon did not occur.”