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Harvey Weinstein Is Charged With Rape in Los Angeles Harvey Weinstein Charged With Rape in Los Angeles as N.Y. Trial Starts
(about 3 hours later)
Prosecutors in Los Angeles charged the film producer Harvey Weinstein with rape and other sex crimes involving two women, even as his trial on similar charges began in New York City on Monday. LOS ANGELES — One woman ran into Harvey Weinstein at a Hollywood film festival in February 2013. Later that night, he showed up at her hotel room, gained entry and raped her, she said. He threatened her life, she told the authorities.
The new criminal complaint was announced in Los Angeles on Monday, just hours after Mr. Weinstein, who recently had back surgery, hobbled into a Manhattan courtroom with a walker for the start of his rape trial there. A day later, Mr. Weinstein met the second woman at a hotel restaurant in West Los Angeles and invited her and another woman up to his room. There, he trapped her in a bathroom, grabbed her breasts and masturbated, prosecutors said.
The Los Angeles County district attorney, Jackie Lacey, said Mr. Weinstein had been charged with raping one woman and sexually assaulting another woman in separate incidents over a two-day period in 2013. Those two allegations were contained in a criminal complaint released in Los Angeles on one of the most remarkable days since revelations about the movie producer’s sexual harassment of women set in motion the global #MeToo movement.
Mr. Weinstein entered a hotel room on Feb. 18, 2013, and raped a woman after pushing his way inside of her room, Ms. Lacey’s office said. He is accused of then sexually assaulting a second woman the following night at a hotel suite in Beverly Hills. Only hours before prosecutors in Los Angeles unveiled the new case against Mr. Weinstein, he had hobbled with a walker into a courtroom in Manhattan for a hearing on the eve of his long-anticipated rape trial there. Jury selection was to begin on Tuesday.
Mr. Weinstein has been charged with one felony count each of forcible rape, forcible oral copulation, sexual penetration by use of force and sexual battery by restraint, Ms. Lacey said in a statement. He faces up to 28 years in prison if convicted. Now, however, even if Mr. Weinstein prevails in Manhattan, he will face a second trial in Los Angeles.
“We believe the evidence will show that the defendant used his power and influence to gain access to his victims and then commit violent crimes against them,” Ms. Lacey said. Neither woman in the Los Angeles case has been publicly identified. The first victim, an Italian model and actress, has said that she encountered Mr. Weinstein at a film festival and was shocked when he showed up at her door at the Mr. C luxury hotel in Beverly Hills.
In New York City, dozens of protesters gathered outside the State Supreme Court in Manhattan on a damp day, including several actresses who have accused Mr. Weinstein of wrongdoing, holding signs with slogans like “justice for survivors” and “coercion is not consent.” “He grabbed me by the hair and forced me to do something I did not want to do,” she told the Los Angeles Times in 2017. “He then dragged me to the bathroom and forcibly raped me.”
About a day later, Mr. Weinstein victimized another woman he had arranged to meet to discuss a business matter at a Beverly Hills hotel. The two spoke briefly before the woman and her acquaintance accompanied Mr. Weinstein to his hotel suite, according to the criminal complaint.
Prosecutors said the woman followed the producer into the hotel bathroom and, once inside, the female acquaintance shut the door behind her, the complaint said. She was unable to open it. Mr. Weinstein then took off his clothes, showered and held her in place by her breasts as he masturbated and then ejaculated onto the floor. It remained unclear in court documents what happened to the woman’s acquaintance.
The Los Angeles County district attorney, Jackie Lacey, said Mr. Weinstein has been charged with one felony count each of forcible rape, forcible oral copulation, sexual penetration by use of force and sexual battery by restraint. He faces up to 28 years in prison if convicted.
“We believe the evidence will show that the defendant used his power and influence to gain access to his victims and then commit violent crimes against them,” Ms. Lacey said in a statement.
There is some overlap between the New York and Los Angeles prosecutions. One of the victims in the Los Angeles case will also be called as a witness in New York to recount her experience with Mr. Weinstein in an effort to establish a pattern of behavior, prosecutors in Los Angeles said.
Mr. Weinstein’s lawyers declined to comment on the latest charges.
Though the authorities in Los Angeles could issue a warrant for Mr. Weinstein’s arrest, it was highly unlikely they would disrupt the trial in New York by seeking his removal to California, or that the judge in New York would allow it.
Still, defense lawyers said that the charges in Los Angeles could make it even harder to find an impartial jury in New York than it already was, as potential jurors are likely to see news accounts of the new allegations.
“If you’re Weinstein’s lawyers, this is another headache to deal with,” said Mark Bederow, a defense lawyer. “It’s all over the news. How are jurors supposed to ignore it?”
The importance of the New York trial to many of Mr. Weinstein’s accusers and their sympathizers was clear on Monday, as protesters gathered outside the State Supreme Court in Manhattan on a damp day, among them several well-known actresses who have accused Mr. Weinstein of wrongdoing. Some held signs with slogans like “justice for survivors” and “coercion is not consent.”
More than 80 women, including a number of prominent actresses, have come forward to accuse Mr. Weinstein of sexual misconduct, from unwanted touching and harassment to outright sexual assault. Most of those complaints, however, have not led to criminal charges, and many of his accusers are looking to the trial in New York to see if the criminal justice system can provide what they see as justice.
Rose McGowan, an actress who has accused Mr. Weinstein of sexual assault, called the trial in Manhattan “a moment of justice,” even though most of Mr. Weinstein’s accusers “won’t have even one day in court.” Addressing the disgraced producer she said, “You brought this on yourself by hurting so many.”Rose McGowan, an actress who has accused Mr. Weinstein of sexual assault, called the trial in Manhattan “a moment of justice,” even though most of Mr. Weinstein’s accusers “won’t have even one day in court.” Addressing the disgraced producer she said, “You brought this on yourself by hurting so many.”
Ms. McGowan was joined by seven other women in the entertainment industry as they stood in Foley Square a park just two blocks from the criminal courthouse. Ms. McGowan was joined by seven other women in the entertainment industry, who spoke out in Foley Square just two blocks from the criminal courthouse. “As a group we have been threatened, bullied, intimidated and retaliated against,” said one of the actresses, Sarah Ann Masse. “We will not be silenced anymore.”
Inside the courtroom — Part 99 — Justice James M. Burke dealt a blow to Mr. Weinstein’s defense, ruling that it cannot call as a witness the disgraced detective who was accused of withholding evidence from prosecutors that was favorable to the defense. Inside the courthouse, the gallery of Part 99 of the State Supreme Court was packed with reporters and spectators, as Mr. Weinstein, 67, once one of the most powerful producers in Hollywood, dressed in a baggy black suit, made his way slowly to the defense table with a walker.
Mr. Weinstein’s lawyers had hoped to call the detective, Nicholas DiGaudio, as part of an effort to cast doubt on the New York Police Department investigation of Mr. Weinstein. Over the next hour, Justice James M. Burke dealt a blow to Mr. Weinstein’s defense, ruling that it could not call as a witness the detective who was accused of withholding from prosecutors evidence that was favorable to the defense.
Mr. Weinstein dropped his head into his hands after the judge’s ruling. Mr. Weinstein’s lawyers had hoped to call the detective, Nicholas DiGaudio, as part of an effort to cast doubt on the New York Police Department’s investigation of Mr. Weinstein.
The gallery of Part 99 of State Supreme Court was packed with reporters and spectators, as Mr. Weinstein, once one of the most powerful producers in Hollywood, made his way slowly to the defense table, dressed in a loose black suit with black loafers and flanked by his lawyers. Detective DiGaudio’s handling of the evidence became an issue in October 2018, when one of the charges in the indictment related to a former actress was thrown out by Justice Burke. The actress, Lucia Evans, had accused Mr. Weinstein of forcing her to perform oral sex on him during a business meeting.
The trial of Mr. Weinstein, 67, is one of the most anticipated proceedings in recent years. Allegations of sexual harassment and assault against the movie mogul exploded in 2017, prompting the global #MeToo movement, a reckoning over sexual misconduct by powerful and influential men in the workplace that has changed public perception and led to numerous men losing their careers. Prosecutors said Detective DiGaudio had failed to inform them that Ms. Evans had given a different version of the story to a friend, saying she had willingly agreed to the sex act after Mr. Weinstein promised her acting jobs in return. Ms. Evans has said that she had never consented, and Detective DiGaudio has denied withholding information from the prosecutors.
Jury selection in the trial will begin on Tuesday. The lawyers will pick 12 jurors and six alternates from a pool of 500 New Yorkers.Jury selection in the trial will begin on Tuesday. The lawyers will pick 12 jurors and six alternates from a pool of 500 New Yorkers.
Six women are expected to testify about sexual encounters with Mr. Weinstein, though the criminal charges hinge entirely on allegations made by two of them. In New York, Mr. Weinstein is charged with raping one woman, who has not been identified in court documents, at a Midtown Manhattan hotel in March 2013 and forcing a second woman, Mimi Haleyi, a production assistant, to allow him to perform oral sex on her at his apartment in Manhattan in 2006.
Mr. Weinstein is charged with raping one woman, who has not been identified in court documents, at a Midtown Manhattan hotel in March 2013 and forcing a second woman, Mimi Haleyi, a production assistant, to allow him to perform oral sex on her at his apartment in Manhattan in 2006.
He faces one count of rape and one count of criminal sexual act in those cases and, if convicted, could be sentenced to a maximum of 25 years in prison.
Mr. Weinstein maintains that his sexual encounters with the women were consensual.Mr. Weinstein maintains that his sexual encounters with the women were consensual.
The producer also faces a charge of predatory sexual assault for committing a serious sex crime against more than one person. If convicted of that charge, Mr. Weinstein faces a maximum of life in prison.The producer also faces a charge of predatory sexual assault for committing a serious sex crime against more than one person. If convicted of that charge, Mr. Weinstein faces a maximum of life in prison.
To further buttress that charge, prosecutors plan on calling the “Sopranos” actress Annabella Sciorra to testify against Mr. Weinstein, who she said sexually assaulted her in 1993 in her Gramercy Park apartment. To further buttress that charge, prosecutors plan on calling “The Sopranos” actress Annabella Sciorra to testify against Mr. Weinstein who she said sexually assaulted her in 1993 in her Gramercy Park apartment.
The Manhattan district attorney’s office has also won permission to call three other women, who have yet to be identified, to testify about their allegations of sexual assault by the producer. Prosecutors hope those witnesses will help convince a jury that Mr. Weinstein has long been a sexual predator, supporting the claims of the two main accusers.The Manhattan district attorney’s office has also won permission to call three other women, who have yet to be identified, to testify about their allegations of sexual assault by the producer. Prosecutors hope those witnesses will help convince a jury that Mr. Weinstein has long been a sexual predator, supporting the claims of the two main accusers.
Prosecutors in Pennsylvania used a similar strategy in the sexual assault trial of the comedian Bill Cosby, who is in prison.Prosecutors in Pennsylvania used a similar strategy in the sexual assault trial of the comedian Bill Cosby, who is in prison.
Detective DiGaudio’s handling of the evidence became an issue in October 2018, when one of the charges in the indictment related to a former actress was thrown out by Justice James M. Burke, who is presiding over the rape trial. The actress, Lucia Evans, had accused Mr. Weinstein of forcing her to perform oral sex on him during a business meeting. The Italian model-actress spoke to authorities in October 2017, shortly after The New York Times first reported on the sexual abuse allegations against Mr. Weinstein, and she has been waiting ever since to see if prosecutors would bring charges, according to her attorney, Dave Ring.
But it came to light that Detective DiGaudio had failed to inform prosecutors that Ms. Evans had given a different version of the story to a friend, saying she had willingly agreed to the sex act after Mr. Weinstein promised her acting jobs in return. “The last two years have been a real roller coaster ride for her, because it’s taken two years to get to this point, and she wasn’t sure they were going to get there,” Mr. Ring said in a telephone interview.
Ms. Evans insisted that she had never consented, and Detective DiGaudio denied withholding information from the prosecutors. He was still removed from the case and the charge was dropped, at the prosecution’s request. Mr. Ring said that when his client encountered Mr. Weinstein in 2013, she was not looking for acting work. She had met the producer once before, she told the Los Angeles Times in 2017, and had declined an invitation to his hotel room.
Mr. Weinstein’s lawyers had hoped to call the detective and grill him on the lapses in the investigation. Justice Burke ruled against them, though he said other witnesses could be asked about the detective’s work on cross-examination. But this time, Mr. Weinstein showed up in the lobby of her hotel and came up to her room without an invitation.
“My ruling is that the defense may not call Detective DiGaudio on their case which is not to say they may not vigorously cross-examine a witness about their dealings with him,” Justice Burke said, adding that if it makes it relevant “to call him after then so be it.” She told The Los Angeles Times that Mr. Weinstein “bullied his way” into her room, claiming he did not want sex but wanted to talk. He “soon became very aggressive and demanding and kept asking to see me naked,” she said in the interview. She begged him to leave.
Now, however, even if Mr. Weinstein prevails in Manhattan, he will face a second trial in Los Angeles. Ms. Lacey said at a news conference that eight women had come forward to report being sexually assaulted by Mr. Weinstein in Los Angeles County. Then, according to the criminal complaint, Mr. Weinstein forced oral sex on her, then intercourse. “It was the most demeaning thing ever done to me by far,” she said in the 2017 interview with The Los Angeles Times. “He made me feel like an object, like nothing, with all his power.”
Charges had been brought in two instances. Three of those allegations, however, happened too long ago to prosecute under the state’s statute of limitations. Ms. Lacey said her office was still investigating the allegations of the other three women to determine if charges could be filed. William K. Rashbaum and Jodi Kantor contributed reporting from Los Angeles.
“I want to commend the victims who have come forward and bravely recounted what happened to them,” Ms. Lacey said.
More than 80 women, including several well-known actresses, have come forward to accuse Mr. Weinstein of sexual misconduct, from unwanted touching and harassment to outright sexual assault. Most of those complaints, however, have not led to criminal charges, despite investigations in London, Los Angeles and New York.
Mr. Weinstein recently reached a tentative $25 million civil settlement with dozens of his accusers, but it would not require the Hollywood producer to admit wrongdoing or to pay anything himself, according to lawyers involved in the negotiations.
Jose A. Del Real contributed reporting from Los Angeles.