In New York trial, prosecutors to begin making rape case against Harvey
Weinstein
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[January 22, 2020]
By Brendan Pierson
NEW YORK (Reuters) - U.S. prosecutors will
begin presenting their rape case against Harvey Weinstein on Wednesday,
with the once-powerful Hollywood producer facing life in prison if
convicted, in a trial that has become a watershed moment for the #MeToo
movement.
Lawyers will make their opening statements to a jury of seven men and
five women in a Manhattan courthouse.
Weinstein, 67, has pleaded not guilty to charges of assaulting two
women. He faces up to life in prison if convicted of the most serious
charge, predatory sexual assault.
His trial began on Jan. 6 and could last roughly six more weeks.
Since 2017, more than 80 women have accused Weinstein of sexual
misconduct, fueling the #MeToo movement in which women have gone public
with allegations against powerful men in business, entertainment and
politics.
Weinstein, who reshaped the independent film industry with critically
acclaimed pictures such as "The English Patient" and "Shakespeare in
Love," has denied the allegations and said any sexual encounters were
consensual.
Justice James Burke told potential jurors last week that they must
decide Weinstein's case based on the evidence and not make the trial "a
referendum on the #MeToo movement."
Prosecutors are expected to paint Weinstein as a serial predator who
abused his power, while the defense is expected to try to show accusers'
behavior seems to contradict how victims would react to an assault.
One of the two main accusers in the Weinstein case, former production
assistant Mimi Haleyi, has said publicly that Weinstein forced oral sex
on her in his Manhattan home in 2006. The other, who has not been
identified, was raped by Weinstein in 2013, alleges the Manhattan
District Attorney's office, which brought the case.
The prosecutors further allege that Weinstein raped another woman,
actress Annabella Sciorra, in the 1990s. Although that allegation is too
old to be charged as a separate crime, it will be presented to help
establish Weinstein's pattern of behavior as part of the case for
predatory sexual assault.
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Film producer Harvey Weinstein departs his sexual assault trial at
New York Criminal Court in the Manhattan borough of New York City,
New York, U.S., January 21, 2020. REUTERS/Brendan McDermid
Prosecutors are expected to call up to three additional women, who
are not mentioned in the charges, to bolster their case, according
to court papers. A similar legal strategy helped Pennsylvania
prosecutors convict comedian Bill Cosby in 2018 of sexually
assaulting a Temple University employee.
Donna Rotunno, Weinstein's lead lawyer, told Reuters earlier this
month that the defense team would offer emails showing that
Weinstein's accusers had maintained friendly relationships with him
after the alleged assaults.
Legal experts said lawyers for Weinstein could try to show that the
accusers engaged in consensual sexual activity in order to gain an
edge in the entertainment industry.
Prosecutors last week accused Weinstein's legal team of trying to
exclude white women from the jury, which is comprised of six white
men, three black women, one black man and two white women.
Weinstein's lawyers countered that their goal was to select a fair
jury, citing specific reasons for excluding the women.
The state needs a unanimous jury to convict. A single hold-out would
produce a hung jury, although that would not prevent prosecutors
from trying Weinstein again.
Regardless of the outcome, Weinstein faces additional charges in
California.
Los Angeles District Attorney Jackie Lacey announced on Jan. 6 that
Weinstein had been charged with raping one woman and sexually
assaulting another in 2013.
(Reporting by Brendan Pierson; Writing by Tom Hals; Editing by
Noeleen Walder and Rosalba O'Brien)
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