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Harvey Weinstein’s lawyers argued Wednesday that “casting couches are not a crime scene.” They persuaded a New York City ju-degree judge to persuade the Hollywood mogul’s reported sex crimes were consensual.
Last year, the New York Supreme Court overturned Weinstein’s 2020 conviction for sex crimes and rape, ordered a new trial in the same Manhattan court where he first heard of the case that became the decisive moment for the #MeToo movement.
Weinstein, 73, entered the courtroom in a wheelchair just after 10:30am and greeted the judge. In a dark suit and glasses, he occasionally gestured and whispered to his lawyer as the prosecutor detailed the graphic story to seven women and five male ju-decides.
Weinstein’s belief in sexual assault and rape in 2020 came from a global calculation that was hailed as a breakthrough in women’s rights. He was sentenced to 23 years in prison. Cyrus Vance, then Manhattan District Attorney, said the verdict would “turn the pages of our judicial system.”
Dozens of older men from Hollywood and other industries have also been convicted of sexual assault and other crimes against women.
But Weinstein’s lawyer won the appeal after arguing that additional testimony by three women who were not part of the case was unfair.
The retrial is also likely another test of President Donald Trump’s attitude towards women’s rights in America, indicating that Weinstein’s lawyers already hope that opinions on the #MeToo movement have changed to client favor.
“Because of #MeToo’s American vibe, I feel much better this time than this time,” said Arthur Adara, one of Mogul’s lawyers, last week. “At the time… the ju umpire was walking through the protest. …We could hear it through the window. “It’s all gone.”
Manhattan prosecutors on Wednesday claimed Weinstein, the Hollywood producer behind films such as Pulp Fiction, would use his power to silence the victims for decades. “This script was Harvey Weinstein’s most powerful tool. The film’s script, production, role, and he used those dream opportunities as weapons,” said prosecutor Shannon Lucy.
“(Weinstein) committed these things when he was at the top of the entertainment industry. He had all the powers and they had nothing,” Lucy said.
Adara said the accuser was a liar “who was cheated with him” in exchange for work. “They realized very quickly that Harvey Weinstein had the key to that room they all wanted to enter. And who’s in that room? George Clooney, Brad Pitt, Leo DiCaprio.”
“In Hollywood, they call it a casting couch. For these three women, the casting couch is not a crime scene. They tried to cut the line. He’s the one who provided it.
The case focuses on the accusations of three women. Production assistant Miriam Haley says in 2006 Weinstein forced her to have oral sex. Actress Jessica Mann said she was raped in 2013. Model Kaja Sokora claims that Weinstein forced her to do oral sex in her hotel room when she was 16 years old.
“(Sokora) didn’t scream, she didn’t kick…. she cried,” Lucy said. “She said again and again: ‘Don’t do this.’ ”
Dawn Dunning, one of the women who testified against Weinstein in 2020, looked at her from behind the court on Wednesday. She cried when she detailed some of the more graphic parts of the alleged sexual assault.
Haley and Mann testify at their 2020 trial and are set to return to court in the coming weeks.
“(Haley) doesn’t want to testify. It’s heartbreaking to alleviate details about (Weinstein) forcing her to violate her body in front of the press in front of the people who made this her,” Lucy said. “In spite of her fears, she testifies at this trial, as Harvey Weinstein sexually assaulted her.”
Weinstein has been held at Rikers Island Prison in New York since his 2020 conviction. He was recently moved to Bellevue Hospital for a retrial after his lawyer sued “deplorable” status at Riker. According to a spokesperson, Weinstein has health issues, including cancer.
Weinstein was also convicted in 2022 in a sex crime in California and was sentenced to 16 years in prison. His lawyers are suing the decision.
