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Thread: Harvey Weinstein Lawyers Up for Bombshell New York Times, New Yorker Stories

  1. #1081
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    Harvey Weinstein’s fate now in hands of Manhattan jury

    Harvey Weinstein’s fate is now officially in the hands of the jury.

    The seven-man, five-woman Manhattan Supreme Court panel in the rape trial of the disgraced Hollywood moviemaker began considering the sex crimes charges against him Tuesday.

    Deliberations began shortly after Justice James Burke finished giving jurors detailed legal instructions on how to decide whether Weinstein is guilty.

    Earlier in the morning, Burke had slapped a gag order on Weinstein’s defense team, after his lead lawyer, Donna Rotunno, penned an op-ed over the weekend imploring the jury to acquit the fallen Hollywood tycoon.

    Assistant District Attorney Joan Illuzzi-Orbon had protested the piece to the judge, calling the article in Newsweek magazine “inappropriate” and asking for Weinstein to be “remanded” as punishment.

    Weinstein — who has been accused of sexual misconduct by more than 90 women since 2017, when The New York Times and The New Yorker published bombshell exposés into allegations of sexual abuse by the filmmaker — is charged with two counts of rape, two counts of predatory sexual assault and one count of criminal sexual act.

    The charges stem from the allegations of former “Project Runway” production assistant Miriam “Mimi” Haleyi, who said he forced oral sex on her on July 10, 2006, at his Soho apartment; onetime aspiring actress Jessica Mann, who claimed Weinstein raped her on March 18, 2013, at Midtown’s DoubleTree Hotel; and “The Sopranos” actress Annabella Sciorra, who accused Weinstein of raping her in the winter of 1993-1994 at her Gramercy Park apartment.

    Deliberations in the #MeToo-era trial, which started Jan. 7 with jury selection, follow weeks of graphic and emotional testimony from Haleyi, Mann and Sciorra, as well as “prior-bad-acts witnesses” Dawn Dunning, Tarale Wulff and Lauren Young.

    Weinstein is not charged with any wrongdoing involving Dunning, Wulff and Young.

    Weinstein, a 67-year-old father of five, has maintained his innocence from the onset, pleading not guilty to all of the charges.

    He has claimed that all of his sexual encounters were consensual.

    The once-powerful producer never took the witness stand at trial, though he told reporters he “wanted” to testify.

    Upon entering the courtroom Tuesday, Weinstein told reporters that he was “feeling good” as he pushed his walker.

    https://pagesix.com/2020/02/18/harve...anhattan-jury/

    this seems like one that should be a short deliberation...
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    Elite Member sputnik's Avatar
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    this seems like one that should be a short deliberation...
    you would think but people still have really reactionary ideas about sexual harassment and rape. i've heard so many people - including women - that i thought would know better dismiss this as a bunch of actresses who 'knew what they were doing' and/or were ready to do anything to get ahead in their careers.
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    Will he go to jail if found guilty?

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    Quote Originally Posted by sputnik View Post
    you would think but people still have really reactionary ideas about sexual harassment and rape. i've heard so many people - including women - that i thought would know better dismiss this as a bunch of actresses who 'knew what they were doing' and/or were ready to do anything to get ahead in their careers.
    Sadly it seems that the default mindset when confronted by a woman alleging sexual assault is "WHORE!"
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    Quote Originally Posted by sputnik View Post
    you would think but people still have really reactionary ideas about sexual harassment and rape. i've heard so many people - including women - that i thought would know better dismiss this as a bunch of actresses who 'knew what they were doing' and/or were ready to do anything to get ahead in their careers.
    Don't get me wrong, I think this guy is a monster, but I think part of the problem with this case is that some of the women have admitted to prior consensual acts with him and/or ongoing encounters/business relationships. Sadly, this might end up being a problem with the jury too.

    Quote Originally Posted by Lofty Bike View Post
    Will he go to jail if found guilty?
    Per one of the prior articles posted:

    "Weinstein is charged with two counts of predatory sexual assault, two counts of rape and one count of criminal sex act stemming from the allegations of three women — who include, Haleyi, hairstylist Jennifer Mann and actress Annabella Sciorra.

    He faces up to life in prison if convicted on the most serious charge."
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    Elite Member MsDark's Avatar
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    These fuckers better come through. If this guy gets a pass while Cosby is sitting in jail then that's further proof this country is (still) way more racist than even I already know it to be.
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    Elite Member Trixie's Avatar
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    Well, it took two trials to get Cosby. The first was a hung jury.

    This CNN article points out the similarities and differences in the Cosby/Weinstein cases. The major one being, Cosby drugged and incapacitated his victims.




    Harvey Weinstein's trial is closely tracking Bill Cosby's. But there's 1 major difference

    By Eric Levenson, CNN
    Updated 1:31 PM ET, Tue January 28, 2020


    (CNN)An older man once atop the world of entertainment hobbles into court to face sexual assault charges as his attorneys prepare to sharply attack the credibility of women who testify about their trauma.

    That scene neatly sums up Bill Cosby's criminal case, and -- as we learned over the past week -- closely mirrors Harvey Weinstein's ongoing rape and sexual assault trial in New York.
    Weinstein's and Cosby's cases bear deep resemblances: dated accusations without supporting forensic evidence, an aggressive defense cross-examination strategy, even testimony from the same expert state witness.

    Weinstein, of course, is hoping for a different outcome


    Though Cosby's first trial ended in a hung jury, he later was convicted of aggravated indecent assault and sentenced to three to 10 years in prison for drugging and sexually assaulting someone he knew. Weinstein has pleaded not guilty to five charges, including first-degree rape and predatory sexual assault, which can carry a punishment of life in prison.

    There is, however, one major difference between these cases: The women in Cosby's trial said they were assaulted after being drugged, while the women in Weinstein's trial make no mention of drugs. It's an important distinction, legal experts told CNN, and goes to the heart of defense attorneys' questions about whether the women consented to these sexual encounters.

    "I think it is harder for a jury to deal with an adult woman who by her own volition goes to this hotel room and then sexual advances or conduct (is) forced on her," said Michelle Simpson Tuegel, an attorney who represents victims of sexual assault. "That happens, I don't doubt that that happens. ... But I think societally, we're still behind in that area."

    Here's a look at the cases' similarities and key difference, and what those may mean going forward.

    Defense strategy is to attack


    Both Cosby's and Weinstein's cases are based on accusations that date back years and were not immediately reported to police. Without forensic evidence to bolster their arguments, the credibility of the women's testimony takes center stage.

    Because of that, Cosby's defense team sharply attacked his accusers, and Weinstein's team looks to be doing the same.

    Cosby's trial was based on accusations by Andrea Constand, a Temple University employee who said Cosby drugged and then assaulted her at his home


    In court, defense attorney Tom Mesereau dismissed Constand as a "pathological liar" and a "con artist" who was after Cosby's money. In cross-examination, Mesereau worked to show inconsistencies in her story and got Constand to admit she was "mistaken" about the date of the attack.

    Cosby's defense team also challenged the testimony of five "prior bad acts" witnesses who testified that Cosby had drugged and assaulted them years earlier. The cross-examination of Janice Dickinson, the model and reality show figure, became particularly testy when Mesereau pointed out she hadn't mentioned any assault in her memoir describing her meeting with Cosby.
    "I wasn't under oath when I wrote that book," she testified.

    "So, you lied to get a paycheck?" Mesereau asked.

    "Don't call me a liar," Dickinson said.


    Weinstein is charged with first-degree criminal sexual act, first-degree rape and third-degree rape directly related to alleged attacks on Miriam Haley in 2006 and Jessica Mann in 2013. He also is charged with predatory sexual assault in connection with both of those alleged incidents, backed by testimony from Haley, Mann and actress Annabella Sciorra.

    Sciorra became the first to testify when she accused Weinstein of raping her in the winter of 1993-94. On cross-examination, defense attorneys pressed Sciorra on her lack of memory on specific details and dates.

    In opening statements, attorney Damon Cheronis had said the defense planned to highlight the "inconsistencies" in each woman's story. He said he realized the cross-examinations could come off as rude or victim-shaming, but he called them necessary to show "another side" to the story.
    "What we plan on doing is not victim-shaming anyone. If there is anything I said during the course of the opening statement that you disagree with, just remember I am not here to beat anyone up, neither are my partners," he said. "We are here to ask questions that have never been asked."

    Multiple 'prior bad acts' witnesses

    Both Cosby's and Weinstein's trials also feature several "prior bad acts" witnesses whose testimony is not related directly to any criminal charges.

    Prosecutors use these witnesses to argue that the defendant had a specific pattern of behavior. In general, "prior bad acts" witnesses aim to strengthen the prosecution's case, particularly in a "he said-she said" sexual assault trial with limited physical evidence.

    "The purpose of introducing the 'other acts' evidence is to cut against the idea that this is a one-off, 'he said-she said' where he could have reasonably thought that she was consenting to what was going on," Michelle Madden Dempsey, a former prosecutor and a law professor at Villanova University, has told CNN.

    These witnesses also matter on a human level, Simpson Tuegel told CNN.

    "From a legal perspective, (their value) is the identifiable common pattern of his behavior," she said. "But from the human perspective, it's all these women who are coming in and have actually been traumatized and are exhibiting that and are able to give details and show how this has impacted them and their lives in a way that is very difficult to manufacture."

    "Prior bad acts" witnesses were particularly important in Cosby's case. In his first trial, only one "prior bad acts" witness was permitted to testify. But in his second trial, five such witnesses testified that Cosby gave them a pill, incapacitating them, then assaulted them. The jury returned a guilty verdict.

    Montgomery County, Pennsylvania, prosecutor Kevin Steele, who handled Cosby's case, highlighted the importance of these witnesses immediately after the guilty verdict in 2018.
    "I think everybody got to see who he really is when each of those 'prior bad act' witnesses got to testify," he said.

    Weinstein's trial is expected to feature testimony from three "prior bad acts" witnesses, known as Molineux witnesses in the New York legal system.

    These witnesses, Assistant District Attorney Meghan Hast said in openings, will show how Weinstein "lured truly innocent women into (his) exclusive company before pouncing."

    Hast said the women -- Dawn Dunning, Tarale Wulff and Lauren Young -- all were young, aspiring actresses who met Weinstein with hopes of furthering their careers. Weinstein then lured them into meetings in private rooms, where he sexually harassed or assaulted them, Hast alleged.

    Defendant has visible health issues

    One clear similarity between Weinstein and Cosby is that both have arrived to court with visible health problems.
    Cosby, who is legally blind, came to court using a cane and holding the arm of an aide, friend or family member. During his first trial in 2017, several fellow actors and friends escorted him into court as a show of support.

    Weinstein, 67, has arrived to court using a walker after undergoing back surgery shortly before the start of the trial. In the past week, he has eschewed the walker and relied on support from aides and members of his defense team.
    His attorney, Donna Rotunno, said in December that his back injury was painful and that he must use the walker for his own safety.

    "We wanted him to use a walker last week, and Mr. Weinstein didn't want the press to think he was seeking sympathy. He is in pain, he's having surgery, and we will be back in court on January 6 for trial," she said then.

    Prosecutors rely on the same expert witness


    The two cases even share the same expert testimony for the prosecution.

    Dr. Barbara Ziv, a forensic psychiatrist, testified during Cosby's trial about several "rape myths," contrasting how sexual assault victims actually behave with how society believes they behave. Speaking generally, she said "delayed reporting" to authorities is common and it is not unusual for victims to interact with an attacker after an assault


    "Delayed reporting can go from days to weeks to months to years," she said then. "We blame victims for not being the kind of victim that we think they should be. It's part of the rape myth that victims report promptly and display a certain set of symptoms."

    Ziv's testimony was important to the case because Constand, a Temple University employee, repeatedly had contact with Cosby after the assault. Constand first told police about the incident in 2005, more than a year afterward. Cosby's defense attorneys had argued the incident was consensual and Constand's extensive contact with Cosby and reporting delay showed she was after his money.

    Prosecutors in Weinstein's trial put Ziv on the stand on Friday to make similar arguments about these rape myths as they try to undercut the defense.

    Weinstein's defense team has pointed out that the women did not tell police about the attacks for years or, in Sciorra's case, decades. In addition, his defense has highlighted what it called "loving" text messages and emails between the women and Weinstein to try to argue that their sexual interactions were consensual.

    A major difference: The question of consent

    The two trials do have one vital difference surrounding consent, the all-important issue in any rape and sexual assault trial.

    In Cosby's trial, Constand and the prior bad acts witnesses all reported that they had been drugged by Cosby and rendered incapacitated, which made them unable to fight back or resist his advances.
    In Weinstein's trial, Haley, Mann and Sciorra have said they did try to fight off his attacks but were physically overpowered.

    That distinction between being drugged and being overpowered is significant, Cheryl Bader, a former prosecutor and Fordham University Law School clinical associate professor, told CNN.

    "The allegations in the Cosby case involved these women being drugged and being incapacitated to consent," she said. "The issue here (in the New York case) is whether these women consented in order to further their career or whether the physical force and the sheer intimidation of Harvey Weinstein ... constitutes forcible compulsion."

    Juries -- and society writ large -- are generally more apt to believe victims who are underage or incapacitated by drugs or alcohol, said Simpson Tuegel, the victims attorney.

    "We're more willing to accept that a child was taken advantage of, or someone was so incapacitated they couldn't say no," she said. "But without the alcohol or the underage element, it's just another step where I really think society is still struggling."

    Simpson Tuegel has seen this first-hand in her work representing women who are assault or rape victims, she said.

    "The women I have found to be very credible," she said, "but it is a 'he said-she said,' and it is a harder case for the prosecution in that respect than if the person were incapacitated or a child."

    https://www.cnn.com/2020/01/28/us/ha...ial/index.html
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  8. #1088
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    Yeah it wouldn’t surprise me that it takes women being unconscious to convince a jury they were raped, and even then it took two trials and there was a lot of victim blaming going around (why did they go to cosby’s house at 11am and accept a cappuccino if they didn’t want to fuck?)
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    Jurors in Harvey Weinstein trial ask judge if they can be hung on top charges

    Jurors in the rape trial of Harvey Weinstein sent a note to the judge during Day 4 of deliberations Friday asking whether they can be hung on the two counts of predatory sexual assault – the charges that could put the fallen Hollywood kingpin behind bars for life.

    “We the jury request to understand whether we can be hung on [counts] 1 and/or 3 and unanimous on all the other charges,” read the 2:16 p.m. note to Manhattan Supreme Court Justice James Burke.

    The disgraced movie mogul faces up to life in prison on charges of two counts of rape, two counts of predatory sexual assault and one count of criminal sexual act in the case.

    Counts one and three are the predatory sexual assault charges against Weinstein.

    Count one relates to the alleged rape of “The Sopranos” actress Annabella Sciorra and the alleged forcible oral sex encounter involving former “Project Runway” production assistant Miriam “Mimi” Haleyi, while count three relates to the alleged rape of Sciorra and the alleged rape of one-time aspiring actress Jessica Mann.

    https://pagesix.com/2020/02/21/juror...n-top-charges/
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    I just saw a news alert that the verdict is in!

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    guilty!

    no details yet so i don't know if he's guilty of all charges but this is great news.
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    CNN: A jury acquitted the disgraced movie mogul on the more serious charge of predatory sexual assault

    Harvey Weinstein has been found guilty on some charges against him in a New York court.

    Here's the breakdown of each count:

    Count one: Predatory sexual assault — NOT GUILTY
    Count two: Criminal sexual act against Miriam Haley — GUILTY
    Count three: Predatory sexual assault — NOT GUILTY
    Count four: Rape in the first degree against Jessica Mann — NOT GUILTY
    Count five: Rape in the third degree — GUILTY
    There are two guilty convictions here. Count two, criminal sexual act in the first degree, which carries a sentence of five to 25 years in prison, and count five, which is rape in the third degree, which can be probation or up to four years in prison.

    https://www.cnn.com/us/live-news/har...ict/index.html
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    fuuuuuck. not nearly enough but it's still a better outcome than most rape cases.
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    Too bad the predator charges didn't stick.
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    He needs to rot
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