The Mercury News

Defense rests without Weinstein taking stand

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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. He confirmed the decision after returning to the courtroom from meeting with his lawyers behind closed doors for about a half-hour as speculatio­n swirled that he was pushing to testify.

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 today and again on Monday for holidays.

By not testifying, Weinstein

followed the example of defendants in other high-profile sex crimes cases. They 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 forcibly performing oral sex on Mimi Haleyi in 2006 and raping a different woman in a Manhattan hotel room in 2013. 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.

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