Defense Counsel on Cross Attempts to Show Accuser 'Manipulated' Harvey Weinstein
The defense lawyer repeatedly returned to the idea that Jessica Mann, former actress, had manipulated Weinstein for career opportunities.
February 03, 2020 at 06:34 PM
4 minute read
The original version of this story was published on New York Law Journal
A full day of cross-examination from Harvey Weinstein defense attorney Donna Rotunno ended prematurely at 3:45 p.m. Monday, when a woman accusing the former Hollywood producer of rape broke down on the witness stand.
Manhattan Criminal Court Judge James Burke sent the jury out to give former actress Jessica Mann a brief break, but she was still sobbing when she reentered the courtroom a few minutes later. Burke ended proceedings for the day after prosecutor Joan Illuzzi-Orbon tried unsuccessfully to comfort Mann on the witness stand.
Mann appeared to be struggling to breathe as she left the courtroom for the second time, and sobs and screams were audible in court near the door to the witness room. At one point, a court security officer reappeared to say she was asking for Illuzzi-Orbon.
Weinstein has pleaded not guilty to rape, predatory sexual assault and criminal sex act in Manhattan and has denied accusations of misconduct elsewhere.
Mann is the final complaining witness to testify in his trial, and she has accused Weinstein of three sexual assaults, including two in California and one at a Manhattan hotel. After the first sexual assault in California, she testified that she also had some "non-forcible" sexual encounters with Weinstein.
She said she "lived on edge" because she was intensely aware of Weinstein's power in the entertainment industry and his connections to even more powerful people. She was also worried for her family's safety, she said, after she told Weinstein about an argument with her dad and he offered to send "guys with bats" to deal with him.
Rotunno began cross-examining Mann Friday afternoon. The defense lawyer repeatedly returned to the idea that Mann had manipulated Weinstein for career opportunities and invitations to luxurious dinners and parties.
She showed Mann flattering, cheerful emails she'd sent to Weinstein, asking why she had sent them if she was as scared of him as she had claimed.
Several times, Mann said she was trying to keep the peace while actually making excuses not to see Weinstein, but she eventually acknowledged she was not being completely honest in her messages.
"How I handled it to survive and process it—yeah, I guess you could say it was manipulation," Mann said.
Mann previously compared Weinstein to "Jekyll and Hyde," saying he became suddenly and terrifyingly angry at any kind of rejection.
Rotunno asked why Weinstein's emails also seemed friendly if he was sometimes so angry with Mann.
"He wouldn't put anything in writing like that," Mann said. "He would only say the threatening things to me in person."
Immediately prior to her breakdown, Mann was reading a long email she had sent in 2014 to her then-boyfriend. The email mentioned she had been the victim of a sexual assault but did not name the perpetrator.
"The sexual assault you were talking about is when you were younger, right?" Rotunno asked. Mann, who had already been crying as she read the email, began sobbing too hard to answer.
Her relationship with the boyfriend, an actor, played a role in her interactions with Weinstein and vice versa, Mann testified.
During direct examination from Illuzzi-Orbon on Friday, Mann testified that she was worried about telling Weinstein about her relationship and especially that the boyfriend was an actor, because he had told her not to date people in the industry.
When she finally acknowledged the relationship to Weinstein, she testified that he brutally raped her in a California hotel.
"You owe me, you owe me one more time," she said Weinstein screamed as the attack began.
Rotunno questioned Mann closely on the timeline of her relationship with the actor and the alleged rape, showing her her own emails with Weinstein from 2014 and asking if they were sent before or after the attack.
Mann insisted she was not sure of the dates.
"Because it doesn't help you to attach to a timeline," Rotunno told her.
"It actually would help me," Mann replied.
Weinstein's attention appeared to lag at one point during Monday's testimony, as did that of one juror during the proceedings.
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