{"id":663923,"date":"2025-04-20T03:52:34","date_gmt":"2025-04-20T00:52:34","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/harvey-weinstein-rape-trial-preview-questions-surrounding-case\/"},"modified":"2025-04-20T03:52:34","modified_gmt":"2025-04-20T00:52:34","slug":"harvey-weinstein-rape-trial-preview-questions-surrounding-case","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/harvey-weinstein-rape-trial-preview-questions-surrounding-case\/","title":{"rendered":"Harvey Weinstein Rape Trial Preview: Questions Surrounding Case"},"content":{"rendered":"
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\n\tJoe Rogan was eating an elk steak while watching the first installment of Candace Owens\u2019 latest project aiming to exonerate Harvey Weinstein when he came to a realization: He agreed with the far-right commentator.<\/p>\n

\n\t\u201cI can\u2019t believe I\u2019m on Harvey Weinstein\u2019s side,\u201d he said on a March 22 podcast. \u201cI thought he was guilty of like heinous crimes and then you listen, and you\u2019re like \u2018Wait, what? What is going on?’\u201d<\/p>\n

\n\tThe episode nodded to seminal moments in the #MeToo era since Weinstein\u2019s sex crimes conviction in 2020 that have given critics runway to argue that the movement went too far. Johnny Depp\u2019s defamation victory over Amber Heard. Danny Masterson\u2019s mistrial on rape charges (he was later convicted). The Blake Lively-Justin Baldoni saga.<\/p>\n

\n\tRogan\u2019s takeaway? \u201cIf this happ<\/a>ened in the 80s, it probably would have been thrown out,\u201d he said of prosecutors\u2019 case against Weinstein. \u201cBut in the #MeToo movement, it was a hot witch hunt.\u201d He and Owens are conducting a growing chorus of skepticism around not only Weinstein\u2019s guilt but also accusations of sex crimes from victims, particularly those whose relationships with the accused fluctuated between forced and consensual sex \u2014 a dynamic that some experts say is too messy to secure convictions.<\/p>\n

\n\tArthur Aidala, Weinstein\u2019s lawyer, is betting that the climate around #MeToo will play in his client\u2019s favor this time around, or at the very least, not against him. \u201cPeople are realizing that the phrase \u2018believe women\u2019 is an anti-American and anti-ends-of-justice idiotic statement,\u201d he says. \u201cWe shouldn\u2019t believe everybody. We should determine given our common sense whether they\u2019re telling the truth.\u201d<\/p>\n

\n\tOn April 22, Weinstein is slated to be wheeled into the 13th floor of the Manhattan Criminal Courts Building from a holding cell for opening statements in what will be his third trial on accusations that he was a sexual predator who wielded his power in the entertainment industry to serially abuse women in his orbit. He\u2019s been charged under two indictments for three sex crimes against Miriam Haley, Jessica Mann and an accuser whose identity has yet to be disclosed to the public and is referred to as complaining witness #3 in court filings.<\/p>\n

\n\t\u201cIn this case, justice has been delayed,\u201d said Lindsay Goldbrum, an attorney for the accuser, on April 15 outside the courthouse ahead of jury selection. \u201cAs she has told me her experience and again told the DA her experiences one thing has been crystal clear: that this was not consensual. This was sexual assault with force.\u201d<\/p>\n

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\t\t\t\t\tHarvey Weinstein\u2019s attorney Arthur L. Aidala arrives for Weinstein\u2019s court date at the Manhattan Criminal Courthouse on Wednesday, April 16, 2025 in New York City. <\/span><\/p>\n<\/figcaption><\/figure>\n<\/div>\n

\n\tFor his latest trial, Weinstein has assembled the who\u2019s who of criminal defense lawyers highly-regarded in their specific areas of expertise. Defending Weinstein means making your case to the press as much as it does a jury. And Aidala, whose clients have included Rudy Giuliani, Roger Ailes and Lawrence Taylor, is something of a specialist in headlining-grabbing media<\/a> cases, with a weekday radio show, \u201cThe Arthur Aidala Power Hour,\u201d to spread his gospel. He has deep ties to the entertainment industry as the last dean of the Friars Club, a stomping ground for Manhattan\u2019s showbiz elite, before it closed last year, and was among Leslie Moonves\u2019 first calls when the former CBS exec was accused of sexual misconduct. Alan Dershowitz, the Harvard Law School professor who made his name taking on unpopular causes and clients as a criminal defense lawyer decades ago, has called Aidala \u201cthe new me.\u201d<\/p>\n

\n\tSitting next to him will be Michael Cibella, a seasoned trial attorney known for his ability to point out inconsistencies in witness testimony to a jury. Expect him to be aggressive on cross-examination, which will be especially important in what\u2019s become a he-said, they-said case. And rounding out Weinstein\u2019s trial team is Jennifer Bonjean, a combative lawyer who led the effort to overturn Bill Cosby\u2019s sexual assault conviction and has represented R. Kelly and NXIVM founder Keith Raniere. She\u2019s played the role of overall trial strategist for the defense.<\/p>\n

\n\tThey will face off against Nicole Blumberg, Shannon Lucey and Matthew Colangelo, a former high-ranking Justice Department official who spearheaded the hush money case against President Donald Trump. Unlike the first trial, which was handled by homicide prosecutors, this one is led by the newly-formed special victims division.<\/p>\n

\n\tThe trial is expected to last four to six weeks. It will revolve around allegations from Haley, a former production assistant on Project Runway<\/em> who alleges that Weinstein forced oral sex on her at his TriBeCa apartment in 2006, Mann, an ex-aspiring actress who alleges that she was raped at a Midtown Manhattan hotel in 2013, and a third anonymous accuser who alleges Weinstein forced oral sex her at a Manhattan hotel in 2006. Unlike the first trial, their accusations will not be fortified by testimony from three women whose allegations didn\u2019t lead to formal charges against Weinstein but claimed they were assaulted by him. By prosecutors\u2019 thinking, this evidence was critical to proving that Weinstein knew that his accusers wouldn\u2019t consent to having sex with him as merely a quid pro quo for advancing their movie careers and had to resort to the use of force.<\/p>\n

\n\tThe introduction of testimony from the women \u2014 known as \u201cMolineux witnesses\u201d \u2014 was the basis of New York\u2019s highest court last year overturning Weinstein\u2019s 2020 rape conviction in a landmark ruling that some called a referendum on the shortcomings of the #MeToo movement. A seven-judge panel of the state Courts of Appeals, in a 4-3 decision that included a sharply-worded dissent, found that the \u201ctrial court erroneously admitted testimony of uncharged, alleged prior sexual acts\u201d in what amounted to an \u201cabuse of judicial discretion\u201d that unfairly biased the jury against Weinstein. In the first trial, the Manhattan District Attorney\u2019s Office looked to admit such evidence mainly because Weinstein\u2019s accusers had also had consensual sex with him.<\/p>\n

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\t\t\t\t\tHarvey Weinstein appears in Manhattan Criminal Court for the third day of jury selection in his retrial, on April 17, 2025 in New York City.\u00a0<\/span><\/p>\n<\/figcaption><\/figure>\n<\/div>\n

\n\t\u201cI can\u2019t say I was shocked,\u201d says Deborah Tuerkheimer, a former Manhattan prosecutor who is now a law professor at Northwestern, of the overturning of Weinstein\u2019s conviction last year.<\/p>\n

\n\tOutside of court, there\u2019s little doubt that Weinstein improperly leveraged his power in Hollywood to manipulate women into sex. Nearly 100 individuals have accused him of abuse. The volume of evidence is staggering, with power players across the industry corroborating accounts of sexual misconduct. At the same time, Weinstein\u2019s alleged crimes against most of those women cannot serve as the foundation of an indictment against the one-time kingmaker. The majority involved allegations of civil sexual harassment rather than assault or rape. Others occurred in California, where the Los Angeles District Attorney\u2019s Office would later bring a case, and the rest fell beyond the window to bring charges. The chorus of Weinstein\u2019s condemnation belied the small group of women whose allegations could actually stand at the center of a trial.<\/p>\n

\n\tSo in 2018, with federal prosecutors eyeing a potential case and under pressure by the governor for not pursuing charges years earlier, the Manhattan District Attorney\u2019s Office made the gamble that would lead to the overturning of Weinstein\u2019s sex crimes conviction. Without testimony from the three additional women whose accusations didn\u2019t lead to charges, Halim Dhanidina, a former prosecutor who served a nine-year stint as a state and court of appeals judge, observes there\u2019s a steeper hill to climb to secure a conviction this time around. \u201cIt\u2019ll have a significant impact,\u201d he says. \u201cThe prosecution\u2019s burden is higher. The charges they filed must now be able to stand alone.\u201d<\/p>\n

\n\tAt the heart of Weinstein\u2019s defense: The accusers had consensual and often transactional sex with him to advance their careers. This will be the toughest dynamic the jury will be asked to navigate. Defense lawyers will likely point to Haley and Weinstein having sex two weeks after she was assaulted by him, signing one of her emails to him with \u201cLots of love.\u201d She said she did so because she \u201cjust put it away in a box and pretended like it didn\u2019t happen,\u201d Haley testified during the first trial.<\/p>\n

\n\tOn cross-examination six years ago, Damon Cheronis, one of Weinstein\u2019s former lawyers, characterized Haley as enjoying her sexual encounter with Weinstein when she agreed to meet him in a hotel room. He showed the jury hearts she drew on her calendar in the subsequent days.<\/p>\n

\n\t\u201cYou said you draw hearts to sort of reflect your mood. Is that reflective of your mood on July the 27th, 28th and 29th?\u201d Cheronis asked.<\/p>\n

\n\t\u201cIt may have been,\u201d Haley replied.<\/p>\n

\n\tAnother line of argument defense lawyers are expected to draw from include Mann acknowledging that her three-year relationship with Weinstein included consensual sex. \u201cYou don\u2019t tell him you love him in 2016 and you are tired of being a booty call in 2017 and call him a predator in 2020,\u201d Cheronis said, citing messages she sent him after the alleged rape.<\/p>\n

\n\tMann testified that she was often manipulated into sex by Weinstein, who exerted immense control over her career. Dawn Hughes, an expert witness on the psychological and traumatic effects of rape, will testify for the prosecution to, in part, explain some of the dynamics that show why some victims of sexual assault behave in the way Mann and Haley did. <\/p>\n

\n\t\u201cIt\u2019s hard for juries to wrap their heads around why they appeared to have, in the aftermath of the assaults, seek him out and have friendly relations with him,\u201d says Matthew Galluzzo, a criminal defense attorney and former lawyer for the New York County District Attorney\u2019s Office. \u201cIt\u2019s a hard case for prosecutors. They even get nervous about bringing those types of cases.\u201d<\/p>\n

\n\tNotably, Weinstein has already served his prison term for the overturned conviction stemming from Mann\u2019s rape charge. He will be credited for that time if the jury convicts again, meaning that it will not have any impact on his sentence. For the most part, his lawyers will look to undermine charges relating to Haley and the third accuser.<\/p>\n

\n\tExpect credibility to play a vital part in the outcome of the trial, even moreso than in other cases. This was the deciding factor in Depp\u2019s lopsided defamation win in 2022 against Heard on allegations that he was defamed by her op-ed in The Washington Post<\/em>. Of the $15 million that the jury awarded Depp, $5 million was in punitive damages aimed to punish Heard for especially reprehensible conduct. The verdict indicated that jurors were reluctant to believe testimony from Heard, who broke down in tears on the witness stand when graphically recounting an incident in which she said she was beaten and raped by Depp.<\/p>\n

\n\tAnd it wasn\u2019t until the court allowed the prosecution free rein to tell jurors that Masterson drugged his victims \u2014 directly clashing with his position that the sex was consensual \u2014 that they convicted the actor on charges of rape. Even with that change from the initial trial, which ended in a hung jury, jurors split on a charge relating to Masterson\u2019s former longtime girlfriend.<\/p>\n

\n\tAidala figures the tables may have turned this time around. He likes his chances. #MeToo has been \u201cuncovered as not being this perfect movement it was alleged to have been,\u201d he claims. \u201cHarvey was pinned as the poster boy for it.\u201d<\/p>\n

\n\tThat may not change, but he will not have to spend the rest of his life at Rikers Island if he wins this trial. Then all eyes will turn to California.<\/p>\n<\/div>\n

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Joe Rogan was eating an elk steak while watching the first installment of Candace Owens\u2019 latest project aiming to exonerate Harvey Weinstein when he came to a realization: He agreed with the far-right commentator. \u201cI can\u2019t believe I\u2019m on Harvey Weinstein\u2019s side,\u201d he said on a March 22 podcast. \u201cI thought he was guilty of…<\/p>\n","protected":false},"author":1,"featured_media":663924,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/www.hollywoodreporter.com\/wp-content\/uploads\/2025\/04\/GettyImages-2210074666.jpg?w=1440&h=810&crop=1","fifu_image_alt":"","footnotes":""},"categories":[17],"tags":[74200],"class_list":["post-663923","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-social-mediaa","tag-harvey-weinstein"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/663923","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=663923"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/663923\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/663924"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=663923"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=663923"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=663923"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}