Harvey Weinstein’s lawyers are asking a glean to uncover astronomical jury transcripts and exhibits sealed within the case of the disgraced movie producer, contending that the documents’ liberate might per chance prejudice Weinstein’s appropriate to an even trial on charges entertaining five girls. These charges embrace forcible rape.
“Few cases in newest history relish garnered the amount and depth of press attention, public scrutiny, and heightened media frenzy because the quick case,” Weinstein’s attorneys wrote in a court docket submitting Thursday.
“From the moment that allegations were first made in opposition to Mr. Weinstein, and sooner than charges were ever filed in either Contemporary York or California, the media blitz right thru the case labored to rapid keep Mr. Weinstein’s title virtually synonymous with wrongdoing and abuse.”
Connected Epic
Harvey Weinstein Have interaction Amends Sexual Battery Label But Rejects Present To Push apart Two Other Sex-Connected Counts
The protection contends within the court docket submitting that the astronomical jury transcripts and exhibits “hang highly inner most and invasive crucial substances about Mr. Weinstein’s medical and psychological history, and even intimate crucial substances about his physical body and anatomy” and that a “heightened level of curiosity and scrutiny while the group is already inundated and saturated with facts about this case will further prejudice Mr. Weinstein by making it that powerful extra advanced to safe neutral jurors.”
Weinstein, 69, changed into once extradited July 20 to Los Angeles from Contemporary York, the keep he has been sentenced to 23 years in penal complex for raping an aspiring actress and a criminal sex act in opposition to a vulnerable manufacturing assistant.
Weinstein changed into once indicted March 15 by a astronomical jury in Los Angeles on four counts every of forcible rape and forcible oral copulation, two counts of sexual battery by restraint and one count of sexual penetration by use of force.
At a listening to Thursday, Superior Court Have interaction Lisa B. Lench rejected a protection uncover to push apart two of the charges in opposition to Weinstein in step with claims they are precluded by the statute of boundaries, however agreed to enable the prosecution the assorted to amend a third count challenged by the protection.
Within hours of the glean’s ruling, a astronomical jury handed up an amended indictment in opposition to Weinstein entertaining the challenged price of sexual battery by restraint — the most attention-grabbing count entertaining one of the most five alleged victims within the 11-count indictment.
“…The indictment supersedes and took the keep of the prior complaint,” in step with the amended indictment, which notes that Weinstein changed into once in the initiating charged in April 2020 and changed into once “repeatedly charged with the same habits with the same price in opposition to the same victim till the display cloak.”
Presently after the glean’s ruling, one of Weinstein’s attorneys, Label Werksman, advised newshounds, “It’s likely you’ll keep a fork in count five. It’s performed.”
The protection criminal knowledgeable said “one-fifth of the prosecution’s case has been gutted,” including that the protection believes there’s no honest or criminal basis to enable that count entertaining the alleged Also can 2010 crime to proceed.
The glean had sustained the protection’s scenario on that price, however agreed to Deputy District Attorney Paul Thompson’s demand to amend the indictment.
Weinstein’s attorneys unsuccessfully challenged two other counts — forcible oral copulation and forcible rape entertaining one more alleged victim between September 2004 and September 2005.
Weinstein’s criminal workers had tried to block his transfer from Contemporary York to Los Angeles till he changed into once “medically fit” to be moved. A court docket doc filed in Los Angeles by the protection contended that Weinstein changed into once in “urgent need of medical medicine to place his eyesight, and that this medicine might per chance opt any place from 24 to 36 months.” The protection had also asked a glean in Los Angeles to prolong the transfer till Weinstein’s medical medicine is achieved.
In court docket papers filed earlier this month, the Los Angeles County District Attorney’s Office asserted that the Los Angeles County Sheriff’s Division is able to providing health heart treatment to Weinstein.
At Weinstein’s first court docket appearance in Los Angeles, Superior Court Have interaction Sergio C. Tapia II granted the protection’s demand for a medical evaluation for Weinstein.
Los Angeles County prosecutors in the initiating charged Weinstein in January 2020 with forcible rape, forcible oral copulation and sexual penetration by use of force entertaining one girl on Feb. 18, 2013, and sexual battery by restraint entertaining one more girl a day later.
Weinstein changed into once as a result of this fact charged in April 2020 with sexual battery by restraint — one of the most counts challenged by the protection — entertaining a girl in Also can 2010.
In November 2020, prosecutors added six extra counts — three counts every of forcible rape and forcible oral copulation — entertaining two alleged victims in Beverly Hills between 2004 and 2010.
A astronomical jury as a result of this fact indicted Weinstein on the same charges, to which he pleaded now not responsible closing week.
In an announcement released after Weinstein’s arraignment, the Los Angeles County District Attorney’s Office said the case remains under investigation by the Los Angeles and Beverly Hills police departments and the District Attorney’s Bureau of Investigation.
Weinstein might per chance face a likely maximum of 140 years to lifestyles in instruct penal complex if convicted as charged, the District Attorney’s Office said earlier.
After closing week’s court docket listening to, Werksman said the newest allegations in opposition to his client need to now not corroborated by any scientific or forensic evidence, including that he believes Weinstein “shall be acquitted” if he will get an even
trial.
Attorney Gloria Allred, who said she represents two of the alleged victims, said closing week that it changed into once “long overdue” for Weinstein to seem in a court docket in connection with the Los Angeles case.
City News Service contributed to this legend.
