SMIRKING PREDATOR
Weinstein gives himself up – and is then cuffed, taken to court and charged with rape
SEVEN months ago, he was one of Hollywood’s most powerful producers.
But yesterday Harvey Weinstein stood in a court room accused of using his wealth and fame to ‘lure young women into situations where he could violate them sexually’.
The disgraced movie mogul was charged for the first time since an outpouring of allegations against him. After handing himself into police in New York, the 66-year-old was charged with ‘violent felonies’ related to ‘forcible sexual assaults against two women’.
Leaving the police station in handcuffs, a laughing Weinstein appeared unfazed about the gravity of the allegations. But just a short time later, reality appeared to hit when he arrived in court, his legs shaking and his face solemn.
He did not enter a plea to one count of a criminal sexual act, one count of rape in the first degree and one count of rape in the third degree. After the ten-minute hearing, he was bailed for $1million (£750,000).
Outside court, his lawyer Ben Brafman said: ‘We intend to move very quickly to dismiss these charges. We believe that they are constitutionally flawed. We believe that they are not factually supported by the evidence. Mr Weinstein will be exonerated.’ Mr Brafman added: ‘My job is not to defend behaviour. My job is to defend something that is criminal behaviour.
‘Mr Weinstein did not invent the casting couch in Hollywood. To the extent that there’s bad behaviour in that industry, that is not what this is about. Bad behaviour is not on trial in this case.’
Known as a ‘jury charmer’, Mr Brafman, 69, famously worked for Michael Jackson when the late singer was facing child molestation charges.
He also defended Dominique Strauss-Kahn, the former head of the International Monetary Fund, when he was accused of sexually assaulting a hotel maid. StraussKhan was acquitted of all charges, as was Jackson.
Earlier this year, Mr Brafman said Weinstein was ‘one of the most interesting people’ he had represented. He added: ‘We’ve become reasonably close as a lawyer [and] client.
‘I’m not prepared to condemn him simply because he has lived during a period of time in a manner that may not be appropriate or may be embarrassing.
‘If a woman decides that she needs to have sex with a Hollywood producer in order to advance her career and actually does it and finds the whole thing offensive, that’s not rape.’ The victims were not named in court, but it was reported that one set of charges related to former actress Lucia Evans, who has previously claimed she was forced to perform oral sex on Weinstein in 2004. The second victim remains anonymous. Miss Evans, 36, has described how she gave Weinstein her phone number and set up a meeting at
his Miramax office in New York. Miss Evans said she was led to believe a female executive would be present, a story echoed by several of Weinstein’s alleged victims.
After discussing her acting prospects, she claimed Weinstein exposed himself and forced her to perform oral sex on him.
‘I said over and over, “I don’t want to do this, stop, don’t”, she said. ‘I tried to get away, but maybe I didn’t try hard enough. I didn’t want to kick him or fight him.’
Weinstein’s appearance in court was hailed by actress Rose McGowan, one of his most vocal accusers, as ‘one step closer to justice’. Since Weinstein was outed by the New Yorker magazine in October last year, more than 80 women – including Gwyneth Paltrow and Angelina Jolie –
‘He didn’t invent the casting couch’
have accused Weinstein of sexually harassing or attacking them.
In the following months the MeToo movement has swept through society and dozens of powerful men have been accused of sexual misconduct.
Until now Weinstein has evaded criminal action, but at 7.30am yesterday, he surrendered himself at the First Precinct police station in lower Manhattan to be formally arrested and fingerprinted.
Weinstein said nothing, but smiled as he passed dozens of photographers.
He was taken in police custody and, with his hands cuffed behind his back, was driven to the arraignment court at the New York Supreme Court. Assistant district attorney Joan Illuzzi said: ‘The defendant is before the court charged with two violent B felonies for two separate forcible sexual assaults against two women.
‘This defendant used his position, money and power to lure young women into situations where he was able to violate them sexually.’
Miss Illuzzi said the investigation had been going on for ‘months’ and was still ongoing. She appealed for other victims to come forward.
Weinstein agreed to be fitted with an ankle monitoring device, surrendered his passport and signed an extradition waiver for any country.
He will have to seek approval from the court if he wants to travel outside of New York or Connecticut, where he has homes. He also consented to an order of protection against one of his accusers.
Judge Kevin McGrath asked Weinstein if he understood and he replied, ‘Yes’ – his only comment.
Weinstein was once said to be worth $300 million (£225 million) but earlier this year his film production company, the Weinstein Company, went bankrupt and its assets were sold to a private equity company for $310million (£232 million).
There are nearly a dozen lawsuits filed against Weinstein. He will next appear before the same court on July 30.
Miss McGowan told BBC Radio 4 yesterday: ‘It’s a concrete slap in the face of abuse of power. I hope we emerge victorious and if anything we have emerged victorious, no matter what, because people are listening now.’
MeToo campaigner Alyssa Milano tweeted: ‘Today a man whose actions were so egregious that they spawned a global reckoning has been taken into custody.
‘Harvey Weinstein shattered the lives of an untold number of women. We look forward to seeing justice prevail.’
Actress Mira Sorvino, who was one of the first women to make an allegation of sexual misconduct against Weinstein, tweeted: ‘Sending love to all my sisters today who stood up against a monster... so many emotions...
‘I am proud of and grateful to you all.’