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Harvey Weinstein Is Found Guilty of Sex Crimes in #MeToo Watershed Harvey Weinstein Is Found Guilty of Sex Crimes in #MeToo Watershed
(about 5 hours later)
Harvey Weinstein, the powerhouse film producer whose downfall over sexual misconduct ignited a global movement, was found guilty of two felony sex crimes after a trial in which six women testified that he had sexually assaulted them. Harvey Weinstein, the powerhouse film producer whose downfall over sexual misconduct ignited a global movement, was found guilty of two felony sex crimes on Monday after a trial at which six women testified that he sexually assaulted them.
The jury found Mr. Weinstein guilty of rape and criminal sexual act but acquitted him of three other counts, including the two most serious charges against him — that he is a sexual predator. A Manhattan jury convicted Mr. Weinstein of rape and criminal sexual act but acquitted him on three other counts, including the two most serious charges against him: being a sexual predator.
Mr. Weinstein sat motionless and displayed little emotion as the verdict was read. “But, I’m innocent,” the producer repeated three times to his lawyers. Minutes later, he appeared stunned as he was handcuffed and led out of court, limping between two court officers on his way to jail to await sentencing. He faces a possible sentence of between five and 29 years. Mr. Weinstein sat motionless as the verdict was read.
Complaints about Mr. Weinstein, an Oscar-winning producer of films including “Shakespeare in Love,” had opened the floodgates in late 2017, as hundreds of thousands of women aired their own stories of harassment. Mr. Weinstein quickly became a symbol not just of the casting couch culture in Hollywood, but of the abuse women had endured for hundreds of years. “But, I’m innocent,” he said three times to his lawyers, appearing stunned a few minutes later when he was handcuffed and two court officers led him off to jail to await sentencing. He was taken first to Bellevue Medical Center by ambulance after showing signs of high blood pressure, his representatives said.
And for many, the trial was a watershed moment for the #MeToo movement and a crucial test in the effort to hold influential men accountable for sexual harassment in the workplace. Sexual misconduct complaints about Mr. Weinstein, an Oscar-winning producer of films like “Shakespeare in Love,” had circulated for years, but exposés published by The New York Times and The New Yorker opened the floodgates in late 2017.
The criminal charges brought in Manhattan against Mr. Weinstein, 67, rested narrowly on the complaints of two women: Miriam Haley, a production assistant who said he had forced oral sex on her in 2006, and Jessica Mann, a former actress who alleged he had raped her at a hotel in 2013. Scores of women went public with accusations that Mr. Weinstein had sexually assaulted or harassed them, while thousands more shared similar stories on social media about abuse by powerful men. Mr. Weinstein quickly became a symbol not just of Hollywood’s casting- couch culture, but also of what women had endured in all kinds of workplaces for years.
Jurors also had to consider the testimony of the actress Annabella Sciorra, who said Mr. Weinstein had raped her in the early 1990s, in deciding whether he was a sexual predator. Three other women were allowed give their accounts of alleged assaults to establish a pattern of behavior, but Mr. Weinstein was not charged in those incidents. For many, Mr. Weinstein’s trial in State Supreme Court in Manhattan was a watershed moment for the #MeToo movement and a crucial test in the effort to hold influential men accountable for sexual misconduct. He faces a prison sentence of up to 29 years.
But the jury found him not guilty on two counts of predatory sexual assault, suggesting they had doubts about Ms. Sciorra’s allegation. Dozens of Mr. Weinstein’s victims and women’s rights groups celebrated the conviction, saying it heralded a new era of empowerment for women.
After the jury foreman delivered the verdict, Justice James M. Burke thanked the jurors for their “care and concentration” before they left the courtroom. As they filed out, Juror No. 6 stared at Mr. Weinstein. Justice Burke immediately sent Mr. Weinstein to jail to await sentencing on March 11, denying his request to be sent home for medical reasons. “This verdict made it real for people watching from afar that you will be held accountable for your actions,” said Dawn Dunning, a former actress who testified at the trial. “You can’t take advantage of people just because you have power and money.”
The case, heard in State Supreme Court, was an unusually risky one for Manhattan prosecutors, who had little or no physical or forensic evidence to support the women’s allegations. The trial turned into a battle over the women’s credibility. The criminal charges brought against Mr. Weinstein, 67, in Manhattan rested narrowly on the complaints of two women: Miriam Haley, a production assistant who said he had forced oral sex on her in 2006; and Jessica Mann, a former actress who said he had raped her at a hotel in 2013.
Donna Rotunno, the lead defense lawyer, tried to put the #MeToo movement on trial, arguing that public outrage over Mr. Weinstein’s behavior had stripped him of a career and branded him as a rapist without due process. He was, she said, “a target of a cause and of a movement.” Jurors also had to consider the testimony of the actress Annabella Sciorra, who said that Mr. Weinstein raped her in the early 1990s, in deciding whether to convict him of being a sexual predator. As part of prosecutors’ effort to establish a pattern of behavior, three other women testified about what they said were his assaults against them, but he was not charged over the events they described.
Prosecutors portrayed Mr. Weinstein as a calculated predator who kept his victims close after his attacks to control them, using his power over their futures in the film industry to silence them. But the jury found him not guilty on two counts of predatory sexual assault, suggesting they had doubts about Ms. Sciorra’s accusation.
“The power imbalance he deviously exploited was not just physical, it was also professional and profoundly psychological,” one of the prosecutors, Meghan Hast, said in her opening statement. Jurors left the courthouse without commenting to reporters and were ferried away in a government van. Hours later, the foreman, Bernard Cody, speaking from home, would say only that the deliberations had been exhausting. “It was stressful,” he said. “The whole thing was long, long.”
But defense lawyers said the women had sex with Mr. Weinstein willingly to further their careers. Only years later, they said, after he had been accused of sexual harassment in The New York Times and The New Yorker, did the women say their encounters with him were not consensual. The case was unusually risky for the district attorney’s office. There was no physical or forensic evidence to support the women’s allegations, turning the trial into a battle over their credibility.
The defense presented evidence that Ms. Haley and Ms. Mann not only had friendly communications with Mr. Weinstein after the alleged attacks, but also had consensual sex with him. Prosecutors portrayed Mr. Weinstein as a calculated predator who kept his victims close after attacking them in an effort to control them, using his power over their careers to silence them.
But after deliberating for five days the jury of seven men and five women determined that Mr. Weinstein had broken the law. But defense lawyers said the women had willingly had sex with Mr. Weinstein to further their careers. Only years later, his lawyers said, after Mr. Weinstein had become a symbol of the #MeToo movement, did the women say their encounters with him were not consensual.
The verdict was a victory for the Manhattan district attorney, Cyrus R. Vance Jr., whose legacy turned on the outcome of the case. He had come under heavy political pressure to bring charges against Mr. Weinstein after he had declined to prosecute him in 2015, after allegations the producer had groped an Italian model during a business meeting. The defense presented evidence that Ms. Haley and Ms. Mann not only had friendly communications with Mr. Weinstein after they said they where attacked, but she also had consensual sex with him.
That decision came back to haunt Mr. Vance in late 2017 when dozens of women came forward to accuse Mr. Weinstein of sexual misconduct; some of the allegations dated back decades. Once considered an ally by feminists, Mr. Vance became the target of protests, even as jurors began to hear testimony against Mr. Weinstein last month. After deliberating for five days the jury, seven men and five women, determined that Mr. Weinstein had broken the law.
With his legacy as district attorney and his political future in the balance, Mr. Vance sat in on the trial most days. After the verdict, he said in the hallway outside the courtroom that the women who had testified against Mr. Weinstein had “changed the course of history in the fight against sexual violence.” The verdict was a victory for the Manhattan district attorney, Cyrus R. Vance Jr., whose legacy is likely to largely be defined by the outcome of the case. He came under heavy public pressure to bring prosecute Mr. Weinstein after declining to do so in 2015, when an Italian model said the producer had groped her breasts at a business meeting.
“Harvey Weinstein is a vicious sexual predator” who has “used his power to trick, assault and humiliate his victims,” Mr. Vance said. “To the survivors of Harvey Weinstein, I owe, and we all owe, an immense debt to you.” The earlier decision came back to haunt Mr. Vance in late 2017 when dozens of women came forward to accuse Mr. Weinstein of sexual misconduct. The district attorney became a target of protests, even as Mr. Weinstein went on trial last month.
From the start, much about the story of Mr. Weinstein’s mistreatment of women had been outsize, from the number of women who accused him — at least 90 — to the range of the alleged misconduct: everything from lewd propositions and unwanted touching to forced oral sex and rape. After the verdict was announced, Mr. Vance said that the women who testified against Mr. Weinstein “changed the course of history in the fight against sexual violence” and that society owed them “an immense debt”
But the authorities in New York faced hurdles in putting together a case, law enforcement officials said. Many of the alleged crimes happened outside the state. Others were too old to prosecute under the statute of limitations. Some of the women were not willing to testify. “The women, who came forward courageously and at great risk, made that happen,” he said. Mr. Weinstein, he added, was “a vicious serial sexual predator who used his power to threaten, rape, assault, trick, humiliate and silence his victims.”
The criminal case Mr. Vance’s office brought in May 2018 was challenging for prosecutors to prove, in part because two of the three accusers had continued to see Mr. Weinstein after the alleged assaults. Mr. Weinstein’s lawyers said they would appeal the conviction, as well as the judge’s decision to hold their client in jail until his sentencing, which is set for March 11.
Then, charges related to the third woman were thrown out because, prosecutors said, the lead detective on the case had withheld evidence from them that could have been used to discredit the woman’s account. “We’re going to fight,” Ms. Rotunno, his lead lawyer, said.
To bolster the weakened case, prosecutors won permission last summer from Justice James M. Burke, the judge overseeing the trial, to include a rape allegation from Ms. Sciorra, the actress known for her work on “The Sopranos.” Mr. Weinstein also faces a criminal trial in Los Angeles, where he has been charged with several felonies stemming from accusations by two women who say he sexually assaulted them.
Though the incident had happened too long ago to be the basis of a separate rape charge, prosecutors sought to use it to support charges of predatory sexual assault, which carry a penalty of life in prison. Those charges require the state to prove that Mr. Weinstein committed a serious sex crime against at least two women.
Ms Sciorra, 59, testified Mr. Weinstein had pushed his way into her apartment in the early 1990s, after he gave her a ride home from a dinner party, and violently raped her even as she kicked and punched him. From the start, much about the story of Mr. Weinstein’s mistreatment of women had been outsize, including the number of accusers — at least 90 — to the range of the misconduct they said he had engaged in: from lewd propositions and unwanted touching to forced oral sex and rape.
The actress Rosie Perez backed up her testimony, recounting how Ms. Sciorra had told her at the time, “I think I was raped,” and had later identified Mr. Weinstein as her attacker. But the authorities in New York faced hurdles in build a case, law enforcement officials said. Many of the crimes Mr. Weinstein was accused of happened outside the state. Others happened too long ago to prosecute. Some of the accusers were unwilling to testify.
Justice Burke also allowed prosecutors to call three women — Tarale Wulff, Dawn Dunning and Lauren Young — who said Mr. Weinstein lured them into private meetings, either at hotels or at his apartment, under the pretense of discussing job opportunities, then sexually assaulted them. At the time, they were aspiring actresses trying to get film parts. The case that Mr. Vance’s office ultimately brought in May 2018 was challenging for prosecutors to prove, in part because two of the three accusers continued to see Mr. Weinstein after what they said were his attacks.
One of those incidents happened in Los Angeles, and two were barred by New York State’s statute of limitations. Still, the judge allowed the women, who had all been working as waitresses or models, to testify to establish a pattern of abuse — the legal strategy led to a conviction in the sexual assault trial of the comedian Bill Cosby in Pennsylvania. Charges related to the third woman were thrown out because, prosecutors said, the lead detective on the case had withheld evidence from them that could have been used to discredit the woman’s account.
The defense called friends of Ms. Mann’s and Ms. Sciorra’s, who said the women had never described their experiences with Mr. Weinstein as rape. Ms. Sciorra, the defense suggested during cross-examination, had misremembered what happened, noting that she could not recall the date of the assault, nor explain how Mr. Weinstein got past a doorman and to her apartment. To bolster their weakened case, prosecutors got permission last summer from the judge overseeing the trial, Justice James M. Burke, to include a rape accusation by Ms. Sciorra, an actress known for her work on “The Sopranos.”
Defense lawyers also introduced scores of friendly and sometimes flirtatious emails showing that Ms. Mann and Ms. Haley maintained relationships with Mr. Weinstein for years after the alleged attacks. Ms. Sciorra, 59, testified that after giving her a ride home from a dinner party in the early 1990s, Mr. Weinstein had pushed his way into her apartment and violently raped her even as she kicked and punched him.
In one message to a friend, for instance, Ms. Mann described Mr. Weinstein as “a pseudo father” who had given her “all the validation” she needed. In another, she bragged about performing oral sex on a “super rich producer” who could ruin careers. The encounter had happened too long ago to be the basis for a separate rape charge, but prosecutors used it to support charges of predatory sexual assault, required them to prove that Mr. Weinstein had committed a serious sex crime against at least two women.
Ms. Mann, 34, acknowledged under three days of grueling questioning that her romantic relationship with Mr. Weinstein was “complicated and different.” At one point, she became inconsolable when it came out in court she had been sexually abused when she was young. She said that she last had sex with Mr. Weinstein in 2016, after he asked her to console him because his mother had died. The actress Rosie Perez backed up Ms. Sciorra’s testimony, recounting how Ms. Sciorra had told her at the time, “I think I was raped,” and had later identified Mr. Weinstein as her attacker.
Justice Burke also allowed prosecutors to call the three other women — Ms. Dunning, Tarale Wulff and Lauren Young — who said that Mr. Weinstein had lured them into private meetings, either at hotels or at his apartment, under the pretense of discussing job opportunities, and had then sexually assaulted them. At the time, they were actresses trying to get film parts.
Mr. Weinstein was charged based on those accounts, which involved events that were too old or happened in other jurisdictions, but the women were allowed to testify to establish what prosecutors said was a pattern of abuse. A similar legal strategy led to a conviction in the sexual assault trial of the comedian Bill Cosby in Pennsylvania.
The defense called friends of Ms. Mann’s and Ms. Sciorra’s who said that the women had never described their experiences with Mr. Weinstein as rape. His lawyers also stressed during cross-examination that Ms. Sciorra could not recall the date of the assault and could not explain how Mr. Weinstein got past a doorman and to her apartment.
Scores of friendly and sometimes flirtatious emails were shown to the jury showing that Ms. Mann and Ms. Haley maintained relationships with Mr. Weinstein years after the attacks they described.
In one message to a friend, Ms. Mann called Mr. Weinstein “a pseudo father” who had given her “all the validation” she needed.
Ms. Mann, 34, acknowledged in three days of grueling questioning that her romantic relationship with Mr. Weinstein was “complicated and different.” She said that she last had sex with Mr. Weinstein in 2016, after he asked her to console him because his mother had died.
“It does not change the fact that he raped me,” she said.“It does not change the fact that he raped me,” she said.
Ms. Haley, 42, who changed her legal name from Mimi Haleyi, said that Mr. Weinstein asked her for a massage at their first professional meeting, but that she rejected his advances at subsequent meetings. He eventually helped get her a job as a production assistant on the television show “Project Runway,” she said. Ms. Haley, 42, who changed her legal name from Mimi Haleyi, testified that Mr. Weinstein got her a job as a production assistant on the television show “Project Runway.”
Then, on July 11, 2006, Ms. Haley accepted an invitation to visit Mr. Weinstein at his apartment in Lower Manhattan. She said he pushed her onto a bed, even as she protested, held her down and forced oral sex on her. “I’m being raped,” she recalled thinking. She said she rejected his sexual advances during early meetings, but that on July 11, 2006, she accepted an invitation to visit his Lower Manhattan apartment. She said he pushed her onto a bed as she protested, held her down and forced oral sex on her. “I’m being raped,” she recalled thinking.
The defense elicited testimony from Ms. Haley that she continued to see Mr. Weinstein after the alleged attack, having consensual sex with him two weeks later at a hotel. She also told her friends about her friendship with him, pitched him ideas for projects, and accepted tickets to movie premieres and for a flight to London. Ms. Haley acknowledged that she had continued to see Mr. Weinstein, and that she did not resist having sex with him two weeks later at a hotel. She also told friends about her friendship with him, proposed project to him ideas and accepted tickets to movie premieres and a flight to London.
Mr. Weinstein’s lawyers also asked why none of the six women reported the incidents to the police. Ms. Rotunno, Mr. Weinstein’s lawyer, argued that the women had consented to having sex and that prosecutors had invented a world in which women had no free will and were not responsible for their own decisions
Prosecutors told jurors that the women feared Mr. Weinstein would ruin their careers if they reported the encounters to law enforcement. Prosecutors also called an expert on the psychology of sexual assault victims, Dr. Barbara Ziv, who said victims often do not report such crimes to the authorities and sometimes maintain relationships with their attackers. Joan Illuzzi, the lead prosecutor, countered that it was Mr. Weinstein who had created a world in which women with less than him, and more to lose, had no choice but to subjected to his unwanted advances and abuse.
Ms. Rotunno had said the prosecutors invented a world where women have no free will and are not responsible for their own decisions, suggesting Mr. Weinstein’s accusers now regretted having had consensual sex with him at the time when they stood to benefit. “He was the master of his universe, and the witnesses here were merely ants that he could step on without consequences,” Ms. Illuzzi said in her closing argument. “The fact they wanted to get into his universe was all he needed to turn around and say — they don’t get to complain when they are stepped on, spit on, demoralized, and yes, raped and abused by the defendant.”
But Joan Illuzzi, the lead prosecutor, countered that it was Mr. Weinstein who had created a world in which women with less than him, and more to lose, had no choice but to subjected to his unwanted advances and abuse, until now.
“He was the master of his universe, and the witnesses here were merely ants that he could step on without consequences,” Ms. Illuzzi said. “The fact they wanted to get into his universe was all he needed to turn around and say — they don’t get to complain when they are stepped on, spit on, demoralized, and yes, raped and abused by the defendant.”