NEW YORK — Harvey Weinstein returns to court docket Thursday, looking for to get his newest intercourse crime conviction thrown out as a result of anger and apprehensions flared amongst jurors throughout deliberations final spring.
It is the newest convoluted flip within the former Hollywood honcho’s path by way of the prison justice system. His landmark #MeToo-era case has spanned seven years, trials in two states, a reversal in a single and a retrial that got here to a messy finish in New York final 12 months. Weinstein was convicted of forcing oral intercourse on one girl, acquitted of forcibly performing oral intercourse on one other, and the jury did not determine on a rape cost involving a 3rd girl — a cost prosecutors vowed to retry but once more.
Weinstein, 73, denies all the costs. They had been one outgrowth of a stack of sexual harassment and intercourse assault allegations in opposition to him that emerged publicly in 2017 and ensuing years, fueling the #MeToo motion in opposition to sexual misconduct. Early on, Weinstein apologized for “the way in which I’ve behaved with colleagues previously,” whereas additionally denying that he ever had non-consensual intercourse.
At trial, Weinstein’s attorneys argued that the ladies willingly accepted his advances in hopes of getting work in numerous capacities in present enterprise, then falsely accused him to internet settlement funds and a focus.
The cut up verdict final June got here after a number of jurors took the bizarre step of asking to temporary the choose on behind-the-scenes tensions.
In a sequence of exchanges partly in open court docket, one juror complained that others had been “shunning” one of many panel members; the foreperson alluded to jurors “pushing folks” verbally and speaking about Weinstein’s “previous” in a manner the juror thought improper; but a 3rd juror opined that discussions had been “going nicely.” The foreperson later got here ahead once more to complain to the choose about being pressured to vary his thoughts, then mentioned he feared for his security as a result of a fellow panelist had mentioned he would “see me outdoors.” The foreperson ultimately refused to proceed deliberating.
In court docket, Decide Curtis Farber cited the secrecy of ongoing deliberations and reminded jurors to not disclose “the content material or tenor” of them. Because the trial, Weinstein’s attorneys have talked with the primary juror who brazenly complained and with one other who did not.
In sworn statements, the 2 mentioned they did not consider Weinstein was responsible, however had given in due to different jurors’ verbal aggression.
One mentioned that after a fellow juror insulted her intelligence and prompt the choose ought to take away her, she was so afraid that she referred to as two relations that night time and “instructed them to return search for me in the event that they did not hear from me, since one thing was not proper about this jury deliberation course of.” All jurors’ identities had been redacted in court docket filings.
Weinstein’s attorneys contend the tensions amounted to threats that poisoned the method, and that the choose did not look into them sufficient earlier than denying the protection’s repeated requests for a mistrial. Weinstein’s attorneys are asking him to discard the conviction or, not less than, conduct a listening to concerning the jury strains.
Prosecutors preserve that the choose was introduced with claims about “scattered situations of contentious interactions” and dealt with them appropriately. Jurors’ later sworn statements are belied, prosecutors say, by different feedback from one of many identical jury members. He instructed the media proper after the trial that there “was simply excessive rigidity” within the group.
Prosecutors additionally mentioned the foreperson’s issues about discussions of Weinstein’s previous had been obscure and the subject wasn’t totally off-limits. Testimony lined, for instance, 2017 media reviews about a long time of sexual harassment allegations in opposition to him.
The choose is predicted to reply Thursday. He might set the conviction apart, order a listening to or let the decision stand with none additional motion. No matter he decides might be appealed.
In the meantime, prosecutors have mentioned they’re ready to retry Weinstein on the rape cost the jury could not determine final spring. At the moment being held in New York, he is also interesting a rape conviction in Los Angeles.
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