Prosecutors Stress Youth, Naivete of Alleged Victims; Harvey Weinstein's Lawyers Question Their Stories
Weinstein put the alleged victims through a series of tests, prosecutors said in opening statements, ensuring that they could be manipulated and that they would stay quiet about his behavior.
January 22, 2020 at 12:21 PM
7 minute read
While lawyers on opposite sides presented radically divergent views of Harvey Weinstein during opening statements in his rape trial in Manhattan Criminal Court on Wednesday, both the prosecution and defense teams made it clear that he is no ordinary defendant.
The attorneys also tangled over how to refer to the former movie producer, and the defense team told jurors they would present evidence that accusers' stories had changed.
Meghan Hast of the Manhattan District Attorney's Office showed jurors photos of Weinstein on a red carpet and with his arm around former President Bill Clinton, emphasizing the influence and power he held over his alleged victims.
The Clinton photo was one basis for defense lawyers' failed motion for a mistrial at the end of the day, when Arthur Aidala of Aidala Bertuna & Kamins argued that the circumstances around Clinton's impeachment, including his sexual interaction with a much younger woman, would be at the top of jurors' minds because of the ongoing impeachment trial of President Donald Trump.
"The jury isn't allowed to read about (the Weinstein) case in the news, but they can read about impeachment," Aidala said, asking why prosecutors didn't discuss Weinstein's connections to other major celebrities and political figures, including former President Barack Obama and the Cuomo family.
During his own opening statement, defense attorney Damon Cheronis also described Weinstein's fame, mentioning some of his top movie hits and talking openly about the heavy news coverage of Weinstein in the fall of 2017, when The New Yorker magazine and The New York Times published investigations into his alleged sexual harassment and assault of women across several decades.
Cheronis told the jurors they would hear evidence that the alleged victims in this case changed their stories once the other allegations came out.
"The truth has changed, and the truth can't change," he said. "There is only one truth."
Weinstein's defense lawyers also objected to prosecutors' discussion of Weinstein's height and weight. Prosecutor Joan Illuzzi-Orbon said that because Weinstein appeared frail in court, she had to make sure jurors knew that he was physically imposing during the dates of the alleged attacks.
"If somebody is charged with predatory sexual assault and we call them a predator, that's like somebody being charged with robbery and we call them a robber," Illuzzi-Orbon said.
Hast began her opening statement before a packed courtroom that included Manhattan District Attorney Cyrus Vance Jr. Dozens more people, including reporters and members of the public, waited in line outside after the courtroom filled up.
Weinstein has pleaded not guilty to predatory sexual assault, rape and criminal sexual act in connection with alleged attacks against three women over a 20-year period.
In her opening statement, Hast said that even though Weinstein aged into his 60s during the time period in question, his victims remained in their 20s and were typically aspiring actresses without much family support or experience in the industry.
Hast shared details about six women's stories, emphasizing the similarities and patterns in Weinstein's behavior. He put his victims through a series of tests, Hast said, ensuring that they could be manipulated and that they would stay quiet about his behavior.
She urged jurors—seven men and five women—to consider scientific evidence about typical behavior for rape victims, saying that it's very common for women to know their attackers, to freeze up or refrain from physical resistance for safety reasons, and even to reach out to attackers after the incident.
Weinstein himself often reached out to women after attacking them, Hast said, trying to ensure he would maintain his influence and keep them quiet. The ex-movie mogul could switch on a dime between professional, charming behavior and shocking aggression, she told jurors.
"It will be clear throughout this trial that the defendant knew he was preying on the naive and inexperienced," Hast said. "These were not mutual adult relationships. These young women were pawns being pushed around by the defendant."
In one example, Weinstein asked a young woman for a massage in his hotel room, where she had come for a professional meeting, Hast said. The woman refused and left, upset, but she was surprised when a Weinstein staff member followed up to offer her a job on the TV series "Project Runway."
The woman sent Weinstein a thank you note about the job, and they had a peaceful, professional meeting over drinks that made her wonder whether the massage request had been an aberration, Hast said.
But she had told the producer that she was worried about her immigration status and some other personal details, and Hast said sharing those vulnerabilities only increased the chances that Weinstein would target her.
Believing she'd been clear about her lack of romantic or sexual interest in Weinstein, the woman then agreed to meet him at his apartment, Hast said.
In graphic detail, Hast told jurors how Weinstein backed the woman into a bedroom, ignored her protests, yanked out her tampon and performed oral sex on her without her consent.
Weinstein, who walked into court physically supported by two members of his team and without his walker for the first time Wednesday, appeared to listen actively during Hast's statement. He leaned over to speak to his lawyers and occasionally showed his disbelief, laughing when Hast told the jurors that he is "not a harmless old man."
To start his own opening statement, which was interrupted by the court's lunch break, Weinstein defense attorney Cheronis showed jurors detailed timelines and messages between the women and Weinstein.
The messages showed that some of the women continued to address Weinstein in a friendly way and even ask him for favors after the alleged assaults, Cheronis said. Hast had argued that the women were trying to stay in Weinstein's professional good graces while keeping their distance, but Cheronis said not all the messages reflected that.
Cheronis urged jurors to consider the other side of the much-discussed power dynamic, which Hast had said put Weinstein in a position of power over the women.
"Can you envision a situation where someone like Harvey Weinstein, who does have power, people want things from him?" Cheronis asked.
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