San Francisco Chronicle

Defense rests in rape trial without exmogul’s testimony

- By Michael R. Sisak and Tom Hays Michael R. Sisak and Tom Hays are Associated Press writers.

NEW YORK — The defense rested its case Tuesday in Harvey Weinstein’s rape trial without the disgraced Hollywood mogul taking the witness stand, setting the stage for closing arguments in a landmark #MeToo trial punctuated by graphic testimony from six accusers.

As expected, Weinstein chose not to testify, avoiding the risk of having prosecutor­s grill him on crossexami­nation about the vile allegation­s.

Asked as he left court if he was thinking of testifying, Weinstein said: “I wanted to.”

Defense lawyer Arthur Aidala added that Weinstein “was ready, willing, able and actually quite anxious to testify and clear his name” but didn’t do so because his lawyers felt prosecutor­s “failed miserably” to prove their case beyond a reasonable doubt.

Jurors are expected to hear the defense’s closing argument Thursday, followed by the prosecutio­n’s closing Friday.

Jury deliberati­ons are slated to start Tuesday. Court is closed Wednesday and again on Monday for holidays.

By not testifying, Weinstein followed the example of defendants in other highprofil­e sex crimes cases. The include Bill Cosby, who didn’t take the witness stand either time he was tried for drugging and molesting a woman at his suburban Philadelph­ia home. After a mistrial in 2017, a second trial resulted in the comedian’s conviction.

Weinstein, 67, is charged with raping a woman in a Manhattan hotel room in 2013 and forcibly performing oral sex on a different woman in 2006. Other accusers were called as witnesses as part of a prosecutio­n effort to show he has used the same tactics to victimize many women over the years.

Weinstein has maintained any sexual encounters were consensual.

The Associated Press has a policy of not publishing the names of people who allege sexual assault without their consent. It is withholdin­g the name of the woman accusing Weinstein of raping her in 2013 because it isn’t clear if she wishes to be identified publicly.

After the jury left for the day, Weinstein’s lawyers sparred with prosecutor Joan IlluzziOrb­on over her plan to mention in her closing argument that his physical appearance has changed significan­tly since the time of the alleged assaults.

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