Harvey Weinstein convicted on sex charge, acquitted on another, mistrial on third
Harvey Weinstein was convicted in a New York sex-crimes retrial that rehashed some of the defining accusations of his original #MeToo case and conviction.
On June 11, a 12-person jury handed down one guilty verdict and acquitted him on another charge after six days of deliberation, beginning June 4.
The jury found Weinstein guilty of a first-degree criminal sexual act, which stemmed from his assault of former production assistant Miriam Haley in 2006.
The jury did not convict Weinstein of a second first-degree criminal sexual act charge stemming from his alleged assault of Kaja Sokola in 2002 when she was a 16-year-old aspiring actress.
On Thursday, June 12, the judge declared a mistrial on the third count of third-degree rape, after one juror refused to continue deliberations.
"We take the wins where we get them," Juda Engelmayer, a representative for Weinstein, wrote to Paste BN in a statement June 12. "And the acquittal on the Sokola charge was a major one. A conviction there would have reset the sentencing clock entirely."
Engelmayer said the guilty first-degree criminal sexual act conviction would fall under time served, "and that clock is already running."
"This trial has raised substantial appellate issues — and Harvey would welcome the opportunity to have those fully reviewed," he continued. "It is the Court and the prosecution who now have every incentive to avoid seeing this case overturned on appeal. That reality creates an opening for a fair and balanced sentencing outcome — one that serves the interests of justice, and gives Harvey a path to come home much sooner than many expected."
Weinstein's retrial, which began in April, brought the former Hollywood boss to court on charges of rape and sexual assault after a 2020 conviction – and his 23-year sentence – were overturned. The original decision was deemed invalid when a New York appeals court found the judge in the case erred by admitting "irrelevant" testimony from women whose allegations were not a part of the case.
A retrial was set, and Weinstein again pleaded not guilty.
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Weinstein faces up to 25 years in prison for one count of criminal sexual acts and up to four years for one count of rape. Weinstein, 73, is currently serving a 16-year prison sentence after being found guilty in December 2022 of rape in California.
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Weinstein's latest trial looped in one additional accuser this time, centering the case on allegations from three women: two who claim Weinstein forcibly performed oral sex in 2006 and one who alleges he raped her in 2013.
In the original sex-crimes trial, former actress Jessica Mann testified Weinstein had raped her in his New York hotel room in 2013. Her accusations led to the movie mogul being convicted of rape in the third degree.
Throughout his legal woes, Weinstein has denied ever having nonconsensual sex or assaulting anyone.
Prosecutors have cast Weinstein as a serial predator who promised career advancement in Hollywood to women, only to then coax them into private settings where he attacked them. Meanwhile, his defense claimed his encounters with the women were consensual and accused them of lying about being raped after failing to make it big in Hollywood by sleeping with him.
As the trial came to a close, Weinstein's team made several bids for the judge to declare a mistrial.
Defense lawyer Arthur Aidala made a motion for a retrial after New York Supreme Court Justice Curtis Farber replaced a juror who'd called in sick with an alternate. The judge denied the motion. Aidala had unsuccessfully made similar requests, including over prosecutors' closing arguments, which concluded on June 4.
Harvey Weinstein health in jeopardy
Weinstein's verdict comes as the disgraced movie mogul's health deteriorates. Having been hospitalized for various health issues amid his incarceration, he reportedly told a judge in January that he didn't "know how much longer (he) can hold on."
Weinstein, who had been serving his 16-year sentence stemming from his California rape conviction, had previously urged a judge in New York to start his trial sooner.
Weinstein's established medical problems include chronic myeloid leukemia (bone marrow cancer), diabetes, coronary artery disease, obstructive sleep apnea, thyroid issues, obesity, high blood pressure and chronic back pain, according to his lawyers. As Weinstein made trips in and out of the hospital, his team has claimed his medical needs have been neglected.
His cases in New York and California, which helped galvanize the #MeToo movement and spurred a reckoning in the entertainment industry, were part of a larger wave of allegations against him. More than 100 women, including famous actresses, have accused Weinstein of misconduct.
If you or someone you know has experienced sexual violence, RAINN's National Sexual Assault Hotline offers free, confidential, 24/7 support in English and Spanish via chat and at 800-656-4673. If you or someone you know is a victim of domestic violence, call the National Domestic Violence Hotline at 800-799-7233 or text "START" to 88788.
Contributing: Edward Segarra, KiMi Robinson and Taijuan Moorman, Paste BN; Reuters