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Weinstein trial: new chapter in #MeToo movement with high stakes for many Harvey Weinstein: first day of sexual crimes trial erupts as lawyers trade insults
(about 1 hour later)
The trial is likely to be one of the most high-profile judicial events of the century, and will be closely watched by thousands Legal teams decry each other’s behavior as ‘abominable’ and ‘humiliating’ on opening day of trial on five sexual assault counts
The rape trial of the fallen movie mogul Harvey Weinstein began on Monday in a Manhattan courtroom, opening a critical new chapter in the #MeToo movement that seeks justice for victims of alleged sexual assault at the hands of powerful men. The rape trial of the fallen movie mogul Harvey Weinstein began on Monday in Manhattan and immediately erupted into furious name-calling between lawyers, who decried each other’s behavior as “abominable”, “degrading” and “humiliating”.
Weinstein, 67, arrived using a walker following back surgery. Asked how he felt, he responded with a thin smile and a so-so gesture with his hand. The irascible display was a sign of the high stakes involved in a trial that marks the next chapter in the #MeToo movement triggered by allegations of sexual misconduct by the movie producer two years ago.
He has pleaded not guilty to five counts that include raping a woman in a New York hotel room in 2013 and forcing another woman to engage in oral sexual conduct in 2006. The most serious charge, to which the film producer has also pleaded not guilty, is predatory sexual assault, carrying a maximum sentence of life in prison. Weinstein has pleaded not guilty to five counts that include raping a woman in 2013 and forcing another woman to engage in oral sexual conduct in 2006. The most serious charge is predatory sexual assault, carrying a maximum sentence of life.
The trial is likely to be one of the most high-profile judicial events of the century, given a cast of characters drawn from Hollywood’s high table. It also comes with huge stakes for so many people. Weinstein came into the courtroom crouched over a walking frame and trailed by lawyers, minders and court officials. He sat on the defense benches, only 10ft away from Gloria Allred, the campaigning attorney who represents two women who will testify. The pair did not make eye contact.
They include more than 80 women who have lined up to accuse Weinstein of sexual misconduct allegedly occurring over decades, including the actors Rosanna Arquette, Ashley Judd, Rose McGowan and Gwyneth Paltrow. The case is also of intimate importance to the wider community of those who have endured sexual harassment in the workplace. The trial is set to be one of the most high-profile judicial events of the century, its cast of characters drawn from Hollywood’s high table. More than 80 women have accused Weinstein of sexual misconduct over decades, including the actors Rosanna Arquette, Ashley Judd, Rose McGowan and Gwyneth Paltrow.
For them, the #MeToo movement triggered by the Weinstein revelations that emerged in October 2017 has become a driving force for change. The trial will be closely watched by thousands as a sign of the enduring strength – or otherwise – of their fledgling cause. The case is also of intimate importance to all who have endured sexual harassment in the workplace. For them, the #MeToo movement triggered by the Weinstein revelations in October 2017 has become a driving force for change.
For Weinstein, too, the stakes could not be higher. Though his fall has been dramatic since the publication of the first women’s stories by the New York Times and the New Yorker two years ago, he has so far avoided any personal punishment accruing from the many civil lawsuits that have been launched against him. For Weinstein, too, the stakes could not be higher. Though his fall has been dramatic, he has so far avoided any personal punishment. Last month a $25m settlement was reached involving more than 30 women. But to the dismay of some, the deal did not touch Weinstein’s own money or require him to admit guilt.
Last month a $25m settlement was reached involving more than 30 women. But to the dismay of some of the women, the deal did not touch Weinstein’s own money or require him to admit guilt. The most serious charge is predatory sexual assault. To secure a guilty verdict, prosecutors will have to convince the jury the producer engaged in a pattern of sexual crimes over time.
The most perilous charge for Weinstein is predatory sexual assault. For that to secure a guilty verdict, the prosecutors will have to convince the jury the movie producer engaged in a pattern of sexual crimes over time. The judge in New York county supreme court, James Burke, has indicated he will allow three other women to testify including Sopranos actor Annabella Sciorra, who alleges Weinstein sexually assaulted her in her apartment in 1993. Though that incident is beyond the statute of limitations, it can be presented as evidence of alleged predatory behaviour.
As part of the evidence on that count, the judge in the New York county supreme court, James Burke, has indicated he will allow three other women to testify including Sopranos actor Annabella Sciorra who alleges Weinstein sexually assaulted her in her apartment in 1993. Though that incident is beyond the statute of limitations and cannot be prosecuted in itself, it can be presented as evidence of alleged predatory behavior. On Monday, the hearing erupted into a fierce dispute. In one of the most testy exchanges, lead prosecutor Joan Illuzzi-Orbon accused Weinstein’s attorneys of “abominable” behaviour by which she said they had “degraded and humiliated” the accusers in the media.
The trial will begin with several days of jury selection. To the public, this phony-war stage of the proceedings, which could last as long as two weeks, will provide little information of interest. But it could be vital to both defense and prosecution parties. “In the last 72 hours it has been in our opinion abominable to talk about evidence, to talk about sealed discovery in public, to talk about witnesses in a humiliating way,” Illuzzi-Orbon said.
Weinstein’s lawyers, who tried to have the trial moved out of New York on grounds that America’s media capital could not guarantee him a fair hearing given his hostile representation in the press, will be looking to weed out from the final jury anyone who harbors #MeToo feelings of revenge towards the defendant. She pointed to a conversation in which one of Weinstein’s legal team cast aspersions on one of the women accusing the defendant. “If you say things like ‘She’s a good actress, I’m sure she will come off well, she’s performing, or that she’s lying, or that it was a loving intimate relationship’…”
Prosecutors will be scouring the social media histories of potential jurors to filter out anyone with prejudged opinions that #MeToo has gone too far or that it is subjecting men to unfair treatment. The prosecutor said evidence would be presented that would discount any such claim of intimacy between Weinstein and his alleged victims.
Each side will be able to remove up to three potential jurors without giving any reason – a system known as “preemptory strikes”. “I can assure you that was not the case,” she said, “and we will show that.”
As the backdrop to the trial, the unspoken element in the courtroom will be the epic figure that Weinstein once presented as one of the titans of modern independent film-making. The production company he formed with his brother Bob Weinstein, Miramax (later the Weinstein Company), has legendary titles in its back catalogue such as Sex, Lies, and Videotape, Pulp Fiction and Shakespeare in Love. The judge turned to one of Weinstein’s lead lawyers, the Chicago attorney Donna Rotunno, and said: “So what did you do, Miss Rotunno?”
Another element in the courtroom will be the many actors whose careers and fortunes Weinstein helped to forge. For the women among them, a question that is certain to be raised in trial proceedings is whether their stellar promotion by Weinstein and all the fame and riches it brought them came at a terrible price. Rotunno said: “I did nothing improper. I have been professional, I have been respectful and I have done my job.”
Judge Burke issued an edict to both parties: “Leave the witnesses alone. Do not talk about them in any capacity.”
The issue of how the women who will testify have been treated also came up in regard to Black Cube, a corporate intelligence company run largely by former officers of the Israeli intelligence agency the Mossad. The New Yorker journalist Ronan Farrow revealed that Weinstein employed two investigators from Black Cube to make contact with accusers as a way of extracting information.
The prosecutor requested the court to order Weinstein’s lawyers to tell the jury Black Cube contacted witnesses. Illuzzi-Orbon said that without such an instruction she would be obliged to call David Boies, a prominent lawyer who worked for Weinstein for many years and advised him on how to handle sexual assault accusations.
The prosecution also revealed that they wished to present the jury with photographs relating to one of the accusers. There are 72 photographs in the set, they said, though they intend to admit seven.
“We have minimalised any undue prejudices” in the images, Illuzzi-Orbon said. “We do feel the they are very, very important for the jury to see.”
The judge reserved his ruling.
Weinstein’s team continued to protest that they were not being given sufficient evidentiary material. In particular they protested that medical records of one of the accusers, including notes of a visit to a hospital emergency room, were heavily redacted.
When prosecutors said this was a very sensitive matter, a Weinstein attorney said: “The state says this is a sensitive matter for the complaining witnesses – no doubt. But it is also a sensitive matter for Mr Weinstein. It affects his ability to defend himself.”
The case was adjourned until Tuesday, when jury selection begins. It is expected to take up to two weeks.
Weinstein’s lawyers will look to weed out anyone who harbours #MeToo feelings of revenge. Prosecutors will look for prejudged opinions that #MeToo has gone too far or is subjecting men to unfair treatment. Each side will be able to remove up to three jurors without reason, a system known as “preemptory strikes”.