16Harvey to try the ‘love’ defense
Judge rules accusers’ emails okay at trial
Harvey Weinstein’s lawyers plan to kick off their defense by detailing “loving” emails from his accusers they claim are about sexual encounters with the disgraced movie mogul, it was revealed Tuesday, as an appeals court rejected a lastditch effort to get his rape trial moved out of town.
Opening statements will begin Wednesday in what has turned into one of the most high-profile cases of the #MeToo era, with several prominent actresses queued up to testify against the once-celebrated movie producer, or at least attend the trial in a show of support for his accusers.
Defense attorneys made it clear they will use private messages between Weinstein and his alleged victims to try to convince the jury that any sexual encounters were consensual.
“We are in possession of dozens and dozens and dozens of emails between Weinstein and individuals who are going to come to this courtroom and claim he sexually assaulted them,” defense attorney Damon Cheronis said.
“What we will counter with are their own words,” he continued. “Witnesses who claimed Harvey Weinstein sexually assaulted them also bragged about being involved in sexual relationships with him. They bragged about these things he allegedly forced them to do.”
Over objections from prosecutors, Manhattan Supreme Court Justice James Burke said he would allow the defense to reference the emails in its opening arguments as they are consistent with the heart of Weinstein’s defense.
Weinstein is charged with raping a woman in a New York hotel room in 2013 and with forcibly performing a sex act on another woman at his apartment in 2006, along with two counts of predatory sexual assault. If convicted of the top charge, the 67-year-old could get life in prison.
The sensational case has caused such a media frenzy the defense has tried multiple times to get the case moved out of the city, claiming it’s impossible for Weinstein to get a fair trial. But in a threeparagraph ruling Tuesday, a panel of state appeals judges declined to move the trial or delay it for further deliberation, dashing any eleventhhour defense hopes for a venue change.
Weinstein, who has denied any wrongdoing, shook his head and mouthed “No” outside the courtroom Tuesday when asked if he was worried about the trial outcome.
A jury of seven men and five women was picked last week to decide his fate in a selection process marked by discord, including defense objections over the inclusion of a woman who wrote an upcoming novel involving young women dealing with predatory older men.
The trial is expected to last at least six weeks. Later, Weinstein is to answer rape and sexual assault charges in Los Angeles. Those charges were filed this month as jury selection in his New York trial was getting underway.