NEW YORK — Harvey Weinstein is set to appear in court again on Thursday, aiming to overturn his latest conviction for sex crimes. This comes after jurors expressed heightened emotions and tensions during deliberations this past spring.
This recent development marks another twist in the former Hollywood mogul’s prolonged legal saga. Weinstein’s high-profile case, a pivotal moment in the #MeToo movement, has been ongoing for seven years and involves trials in two states. After a reversal and retrial, the proceedings in New York concluded in disarray last year. Weinstein was found guilty of forcing oral sex on one woman, acquitted of a similar charge involving another, and the jury was deadlocked on a rape charge concerning a third woman—a charge prosecutors vowed to retry.
The 73-year-old Weinstein continues to deny all charges. These allegations are part of a larger wave of sexual harassment and assault accusations that came to light in 2017, sparking the #MeToo movement. Despite initially apologizing for past behavior with colleagues, Weinstein has consistently denied any non-consensual encounters.
During the trial, Weinstein’s defense argued that the women engaged with him consensually, motivated by aspirations for career advancement in the entertainment industry. They contended the accusations were fabricated to gain settlements and publicity.
The jury’s mixed verdict in June emerged after several jurors voiced concerns to the judge about internal tensions.
In a series of courtroom exchanges, one juror expressed feeling ostracized by fellow panel members. The foreperson mentioned inappropriate discussions about Weinstein’s past and verbal pressure from other jurors, while another juror described the deliberations as progressing smoothly. Subsequently, the foreperson reported feeling coerced to alter his decision and even feared for his safety after a peer allegedly threatened him with a confrontation outside of court. Ultimately, the foreperson withdrew from further deliberations.
In court, Judge Curtis Farber cited the secrecy of ongoing deliberations and reminded jurors not to disclose “the content or tenor” of them. Since the trial, Weinstein’s lawyers have talked with the first juror who openly complained and with another who didn’t.
In sworn statements, the two said they didn’t believe Weinstein was guilty, but had given in because of other jurors’ verbal aggression.
One said that after a fellow juror insulted her intelligence and suggested the judge should remove her, she was so afraid that she called two relatives that night and “told them to come look for me if they didn’t hear from me, since something was not right about this jury deliberation process.” All jurors’ identities were redacted in court filings.
Weinstein’s lawyers contend the tensions amounted to threats that poisoned the process, and that the judge didn’t look into them enough before denying the defense’s repeated requests for a mistrial. Weinstein’s attorneys are asking him to discard the conviction or, at least, conduct a hearing about the jury strains.
Prosecutors maintain that the judge was presented with claims about “scattered instances of contentious interactions” and handled them appropriately. Jurors’ later sworn statements are belied, prosecutors say, by other comments from one of the same jury members. He told the media right after the trial that there “was just high tension” in the group.
Prosecutors also said the foreperson’s concerns about discussions of Weinstein’s past were vague and the topic wasn’t entirely off-limits. Testimony covered, for example, 2017 media reports about decades of sexual harassment allegations against him.
The judge is expected to respond Thursday. He could set the conviction aside, order a hearing or let the verdict stand without any further action. Whatever he decides could be appealed.
Meanwhile, prosecutors have said they’re prepared to retry Weinstein on the rape charge the jury couldn’t decide last spring. Currently being held in New York, he also is appealing a rape conviction in Los Angeles.
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