NEW YORK – Harvey Weinstein returned to court Thursday, seeking to have his latest sex crimes conviction thrown out after anger and apprehensions flared up among jurors during deliberations last spring.
It’s the latest complicated turn in the former Hollywood major’s path through the criminal justice system. Their landmark #MeToo-era case has lasted seven years, with trials in two states, reversals in one and a messy ending in New York last year. Weinstein was convicted of forcing oral sex on one woman, acquitted of forcing oral sex on another, and a jury did not reach a verdict on a rape charge involving a third woman – a charge prosecutors vowed to retry.
Weinstein, 73, denies all allegations. They were a result of allegations of sexual harassment and sexual assault against him that came to public attention in 2017 and the following years, giving rise to the #MeToo movement against sexual misconduct. Initially, Weinstein apologized for “the way I have behaved with colleagues in the past”, while also denying that he had ever had non-consensual sex.
At trial, Weinstein’s lawyers argued that the women willingly accepted his advances in hopes of finding work in various capacities in show business, then falsely accused him in order to gain settlement funds and attention.
The fractured verdict last June came after several jurors took the unusual step of informing the judge about behind-the-scenes tensions.
In a series of exchanges in partially open court, one juror complained that others were “dropping” one of the panel members; The chief verbally instructed jurors to “push people” and talk about Weinstein’s “past” in a way the jury deemed inappropriate; Yet the third juror was of the opinion that the discussions were “going well.” Chief later came forward again and complained to the judge that he was being pressured to change his mind, then said he feared for his safety because a fellow panelist had said he would “see me out.” Ultimately the chief refused to continue the discussion.
In court, Judge Curtis Farber cited the confidentiality of the ongoing deliberations and reminded jurors not to reveal their “content or sentiment.” Since the trial, Weinstein’s lawyers have spoken to the first juror who openly complained and the second who did not.
In sworn statements, both said they did not believe Weinstein was guilty, but that they had given up because of the verbal aggression of other jurors.
One said that when a fellow juror insulted her intelligence and said the judge should remove her, she was so frightened that she called two relatives that night and “told them to come see me if they don’t listen to me, because there was something not right about this jury deliberation process.” The identities of all jurors were redacted in court filings.
Weinstein’s lawyers argue that the tensions amounted to threats that poisoned the process, and that the judge did not pay enough attention to them before denying the defense’s repeated requests for a mistrial. Weinstein’s lawyers are asking him to dismiss the conviction or at least hold a trial regarding jury tension.
Prosecutors say claims regarding “scattered instances of questionable conversations” were presented to the judge and were handled appropriately. Prosecutors say the jurors’ subsequent sworn statements were falsified by other comments from one of the same jurors. He told the media immediately after the trial that “there was a lot of tension” in the group.
Prosecutors also said the Herald’s concerns about discussion of Weinstein’s past were vague and the topic was not completely off limits. For example, testimony included 2017 media reports about decades of sexual assault allegations against him.
The judge is expected to respond Thursday. He may quash the conviction, order a trial or uphold the verdict without any further action. Whatever decision he takes can be appealed.
Prosecutors, meanwhile, have said they are prepared to retry Weinstein on the rape charge, which a jury could not decide on last spring. He is currently lodged in New York and is also appealing a rape conviction in Los Angeles.
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