Harvey Weinstein Receives Mixed Partial Verdict As Deliberations Heat Up in Criminal Case
The jury in Harvey Weinstein's criminal trial found him guilty of one count of criminal sexual assault against former Project Runway assistant Miriam Haley, but not guilty of the other count of criminal sexual assault against former model Kaja Sokola.
The jury has yet to reach a verdict on rape in the third degree related to aspiring actress Jessica Mann.
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Judge Curtis Farber on Wednesday had asked the jury whether they had reached a verdict on any counts, before dismissing them for the day, amid larger concerns about fighting and tensions in the jury room. Weinstein faced one charge of rape in the third degree and two charges of criminal sexual act in the first degree, which is the higher felony charge and carries a maximum prison sentence of 25 years. Deliberations are expected to resume Thursday on the rape charge.
Haley alleged he forced oral sex on her at his Manhattan apartment in 2006. Aspiring actress Jessica Mann claimed she was raped by Weinstein in 2013 in a Manhattan hotel and Sokola testified Weinstein forcibly had oral sex with her in a hotel in 2006. The jury had been on its fifth day of deliberations, before they came to a halt.
The concerns about jury tensions reached such a fever pitch Wednesday that Weinstein himself asked to address the judge in court. 'Your honor, this is a profile in courage moment for you. This is the fourth time we've heard a complaint from the jury,' Weinstein said.
'This is not right for me, the person who is on trial here,' the former mogul continued. 'This is my life that's on the line, and you know what it's not fair. It's simple. It's just not fair.'
In that regard, Weinstein referred to an earlier complaint from the juror in which he said the jury was discussing elements of his past that were not part of the case.
'I know how it feels because I've been in situations like this in business,' Weinstein then told the judge about the decision to continue the trial. 'I've been in situations where I've wanted to hold on for dear life,' but that was the wrong choice, he added.
Weinstein went on to note that he knows 'judges on a personal level. I know lawyers on a personal level.'
'It's time. It's time. It's time to say this trial is over,' Weinstein said.
Farber denied his request and his attorney Arthur Aidala's earlier request for a mistrial, saying that jury room discussions can get heated.
'Jurors fight. They act childish at times. They get heated,' Farber said. 'I'm not going to allow any injustice to happen to you.'
This came after the foreperson sent a note Wednesday afternoon asking to speak to the judge, after saying out loud in the courtroom, 'I can't go back in there with the other jurors.'
He asked to speak privately with the attorneys and Farber. After returning to court, Farber summed it up saying, 'In a nutshell, there does appear to be some fighting in the jury room.'
'At least one other juror made comments to the effect of 'I'll meet you outside one day,'' Farber said, adding that there had also been yelling and screaming.
'Call 911, protect him! He's asking you to protect him,' Aidala yelled in the courtroom about the juror. 'There's a crime going on in there!'
That was the second time the foreperson has asked to speak to the judge during deliberations. On Monday morning, the foreperson had written the judge a note saying 'I need to talk to you about a situation which isn't very good.' At the time, the foreperson said jurors were considering elements from Weinstein's past that weren't being used as evidence in the trial and weren't part of the charged crimes.
Another juror, who was juror number seven on this case and the youngest on the jury, had asked to address the court twice Friday, first saying he had heard jurors discussing another juror in the courtroom elevators, and then asking to be excused from the jury as he did not feel the process was 'fair,' while staring at the defense table.
All of this comes after Weinstein's 2020 rape and criminal sexual assault conviction was overturned in April 2024 after the court of appeals found the trial prejudiced Weinstein with improper rulings, including allowing women to testify about allegations that were not part of the case.
In the 2020 trial, Weinstein received a mixed verdict with the jury finding Weinstein guilty of the crimes against Haley and Mann, but also acquitting Weinstein of first-degree rape and predatory sexual assault related to other women. Manhattan District Attorney Alvin Bragg pursued the retrial of Weinstein shortly after his conviction was overturned.
Sokola was a new addition to Weinstein's case, and a key witness for the prosecution, as she described meeting with Weinstein for lunch at the Tribeca Grand Hotel in 2006 and being invited up to his hotel room to see a script, as she pursued becoming an actress. When she followed him up, she testified that Weinstein asked her to come up to a hotel room to see a script and then forcibly held her down on the bed, removed her stockings and underwear and performed oral sex on her as she repeatedly asked him to stop. But the defense team sought to undermine her testimony by pointing to the fact that Sokola had not told her sister, who was at the lunch, about the assault, and even unveiled a diary from Sokola that did not include the sexual assault.
'I'm very happy about today's verdict. I'm proud of the other two girls, the other two women who testified. It was a extremely difficult journey for all of us to relive our traumas and to go through it in open court. It's a big win for everyone. Harvey Weinstein will be in jail,' Sokola told reporters outside the courthouse.
Haley had testified to meeting Weinstein at the Cannes Film Festival and then later getting work from him on Project Runway. He later invited her to a movie premiere in Los Angeles, which she accepted, and then stopped by his apartment before leaving. It was there that she said Weinstein backed her into the bedroom, held her down and forced himself on her orally. Speaking to reporter's outside the courthouse, Haley said the verdict delivered a message to other predators.
'Today's verdict gives me hope. Hope that there is new awareness around sexual violence and that the myth of the perfect victim is fading. And I hope that this result empowers others to speak out and seek justice. To those predators who still believe they can exploit, abuse, and walk away unscathed: Your time is running out. The world is changing. And you will not outrun the consequences of your actions forever,' Haley said.
Both Haley and Sokola had also testified to other unwanted sexual encounters with Weinstein that were not charged in the case, but could be considered as background by the jury. Sokola testified that Weinstein had touched her vagina and put her hand on his penis to masturbate when she was 16.
Before the foreperson brought up his concern, the jury had sent three notes Tuesday afternoon related to the testimony of Mann and another Wednesday afternoon asking for the legal definition of rape in the third degree.
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