Harvey Weinstein is investigating an unsolved case after a judge refused to overturn the conviction
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Harvey Weinstein is considering a possible plea deal to settle an undetermined rape charge and avoid a third trial in New York, a judge said Thursday.
But, during his plea, the disgraced film actor spoke defiantly, telling the court: “I know I’m dishonest, I know I’ve made a mistake, but I’ve never hit anyone.”
Weinstein spoke after Judge Curtis Farber denied his request to overturn a solitary conviction in his previous case, the 2006 rape of a woman that carries a maximum sentence of 25 years in prison.
The same jury acquitted Weinstein in a case involving similar allegations involving a different woman, again in 2006, and failed to reach a verdict in the 2013 rape of hairstylist and actress Jessica Mann at a Manhattan hotel.
Weinstein’s lawyers argued that the verdict last June in Manhattan district court was tainted by arguments and bullying among the judges. Farber refused and scheduled a new trial for March 3 on the unresolved third-degree rape charge.
The rape charge carries a penalty of up to four years – less than which Weinstein has already served.
“I am disappointed in today’s decision,” Weinstein told the judge. “He saw the case and saw how force beyond my control deprived me of my basic right to a fair trial.”
He accused one judge of carrying a personal agenda in discussions, intimidating others and spreading false allegations. That, he said, “destroyed any hope of impartiality.”
After Farber issued his ruling, Weinstein’s attorney, Arthur Aidala, said he wanted to “conduct plea negotiations” before going behind closed doors with the judge, prosecutors and other defense attorneys to discuss the matter.
Minutes later, Farber returned to the bench and said Weinstein wanted time to think about it.
Long, curved case
It’s the latest twist in the classic Hollywood honcho’s path through the criminal justice system. His landmark #MeToo-era case has dragged on for seven years, two state trials, one reversal and a retrial that ended last year in New York.
Weinstein has denied all charges.
The trials were part of a series of sexual assault and harassment allegations against her that came to light in 2017 and the years that followed, fueling the #MeToo movement against sexual misconduct. At first, Weinstein apologized for “the way I behaved with my partner in the past,” while also denying that he ever had sex without consent.
In the lawsuit, Weinstein’s lawyers argued that the women willingly accepted his advances in hopes of finding work in various fields in show business, and falsely accused him of receiving payments and attention.
The split decision last June came after several jurors took the unusual step of asking to inform the judge of the nature of the case.
In a series of discussions, partly in open court, one judge complained that others were “shunning” one of the panel members; a fan referred to the judges as “pushing people” verbally and talking about Weinstein’s “past” in a way the judge thought was inappropriate; however, a third judge suggested that negotiations were “going well.”
After that, the forward came out again and complained to the judge about being pressured to change his mind, then he said he feared for his safety because one of his colleagues said “he will see me outside.” The forward finally refused to continue talking.
In court, Farber cited the confidentiality of ongoing conversations and reminded jurors not to reveal their “content or tenor.” Since the trial, Weinstein’s lawyers have spoken to the first judge who openly complained and another who did not.
Harvey Weinstein was convicted on Wednesday of one count in his retrial for sex crimes but acquitted of another. A verdict is yet to be reached on the third rape case.
In affidavits, the pair said they did not believe Weinstein was guilty, but pleaded guilty to the wrath of the other jurors.
One said that after another judge insulted his intelligence and suggested that the judge should remove him, he was so scared that he called two relatives that night and “told them they would check me out if they didn’t hear anything from me, because there was something wrong with this jury trial.” All jurors’ identities are redacted in court files.
Weinstein’s attorneys argued that the disagreements were toxic threats to the program, and that Farber did not adequately investigate them before denying the defense requests.
Prosecutors maintained that the judge was presented with claims about “various bargaining situations” and handled them appropriately.
Weinstein, who is in custody in New York, has also appealed the rape charge to Los Angeles.
