'Women Have Choices': Harvey Weinstein's Defense Lawyer Says Accusers Must Take Responsibility
Donna Rotunno said one alleged victim's friendly emails with the ex-filmmaker made clear that their relationship was neither threatening nor pressure-filled.
February 13, 2020 at 06:17 PM
4 minute read
In a nearly five-hour final statement to the Manhattan jury considering criminal rape charges against former Hollywood producer Harvey Weinstein, defense lawyer Donna Rotunno said prosecutors have created an "alternate universe."
In that "alternate universe," Rotunno said, adult women are not responsible for where they go, what messages they send or the men they flirt with.
"What are we doing to women? Women have choices," she said.
The argument is part of Weinstein's defense team's contention that the alleged victims in this case actually wanted to have sex with Weinstein, because they were attracted to him or they thought it would advance their careers.
Weinstein has pleaded not guilty to charges of predatory sexual assault, rape and criminal sex act. During three weeks of testimony, six women said Weinstein assaulted them, but Rotunno told the jury to focus on Miriam Haley and Jessica Mann, whose accounts are the basis for the charges of criminal sex act and rape, respectively.
Three of the other alleged victims are "prior bad acts" witnesses, while prosecutors are hoping the fourth, Annabella Sciorra, will help prove the predatory sexual assault charge.
Rotunno showed jurors dozens of written records, including Haley's calendar entries and Mann's emails. She said Mann's friendly emails with Weinstein make clear that their relationship was not threatening or pressure-filled; Mann previously testified that Weinstein seemed careful about putting anything negative in writing.
Rotunno said Weinstein's emails simply show he was generous. He could even be manipulated by the women, she said.
"Every single one of these women reaches out, asks for things, and he does everything he can do to make it happen," she said. "This is not a monster."
Attorneys Douglas Wigdor and Gloria Allred, who are each representing Weinstein accusers, sat in the district attorney's reserved seats, while defense lawyer Tina Glandian joined a group of Weinstein supporters in the rows behind his table.
Rotunno mentioned Allred in her argument, one of several references to the possibility that the women who testified against Weinstein are hoping for a civil payout.
"[Allred] doesn't sit here because it's fun for her," Rotunno said. "She sits here because she knows there's a pot of gold for her at the end of this trial."
Before jurors entered the courtroom Thursday morning, Manhattan Criminal Court Judge James Burke reexamined Weinstein's decision not to testify, referencing his statement to reporters after the defense rested its case Tuesday, when he said he "wanted to" testify. A spokesman said Weinstein's lawyers advised him not to testify.
"I asked you a couple of questions [Tuesday] … but given your subsequent statements, I want to make absolutely certain that it is your decision to not testify at this trial," Burke said.
Weinstein said "yes" in response to two questions from Burke on Thursday, confirming that the decision was his and that he did not want to testify.
Prosecutor Joan Illuzzi-Orbon is expected to give her closing statement Friday, and Burke has said he plans to instruct the jury Feb. 18.
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