The Globe and Mail - 22.02.2020

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A18 OTHEGLOBEANDMAIL | SATURDAY,FEBRUARY22,


The jury in Harvey Weinstein’s
rape trial indicated Friday that it
is deadlocked on the most seri-
ous charges, but the judge told
the panel it must keep working.
In a note to the judge late in
the fourth day of deliberations,
jurors asked if it was permissible
for them to be hung on one or
both counts of predatory sexual


assault while reaching a unani-
mous verdict on the other charg-
es on their complicated verdict
sheet.
Mr. Weinstein’s lawyers said
they would accept a partial ver-
dict, but prosecutors said no and
Judge James Burke refused to al-
low it.
He sent jurors back to deliber-
ate for a few more minutes before
letting them go home for the
weekend. They’ll resume Monday
morning.
“Just remember you are in a
critical stage, you are in the pro-
cess of deliberations and you are
not sequestered,” Justice Burke
told the panel of seven men and
five women.
The jury has been particularly
focused on the key aspect of the
predatory sexual-assault counts

that Mr. Weinstein is facing:So-
pranosactress Annabella Scior-
ra’s allegations that Mr. Wein-
stein raped and forcibly perform-
ed oral sex on her in the
mid-1990s. Those charges carry a
maximum penalty of life in pris-
on.
In all, Mr. Weinstein, 67, is
charged with five counts stem-
ming from the allegations of Ms.
Sciorra and two other women –
an aspiring actress who says he
raped her in March, 2013, and a
former film and TV production
assistant, Mimi Haleyi, who says
he forcibly performed oral sex on
her in March, 2006.
To convict Mr. Weinstein of a
predatory sexual-assault charge,
jurors must agree on two things:
that Mr. Weinstein sexually as-
saulted Ms. Sciorra in some way

and that he committed one of the
other charged offences. The pred-
atory sexual-assault charge re-
quires prosecutors to show that a
defendant committed a prior
rape or other sex crime, but
doesn’t have the statue of limita-
tion constraints that would bar
Ms. Sciorra’s allegations from
consideration on their own.
Mr. Weinstein has maintained
any sexual encounters were con-
sensual.
The Associated Press has a pol-
icy of not publishing the names
of people who allege sexual as-
sault without their consent.
It is withholding the name of
the 2013 rape accuser because it
isn’t clear whether she wishes to
be identified publicly.
Jurors started the day Friday
by listening to a reading of Ms.

Sciorra’s cross-examination and
follow-up questioning by prose-
cutors. About 90 minutes into the
reading, the jurors notified the
judge they had “heard enough”
and resumed their deliberations.
Ms. Sciorra testified nearly a
month ago. She was the first ac-
cuser to do so in the closely
watched #MeToo trial.
The jury has already focused
on e-mails that Mr. Weinstein
sent regarding Ms. Sciorra, in-
cluding ones to the private Israeli
spy agency he allegedly enlisted
to dig up dirt on would-be accus-
ers as reporters were working on
stories about allegations against
him in 2017.
Ms. Sciorra, now 59, told jurors
how the once-powerful movie
mogul showed up unexpectedly
at the door of her Manhattan
apartment before barging in and
raping and forcibly performing
oral sex on her in late 1993 or
early 1994.
On cross-examination, Ms.
Sciorra was grilled about why she
opened her door in the first place
and didn’t find a way to escape if
she was under attack.
Donna Rotunno, a lawyer for
Mr. Weinstein, asked: “Why
didn’t you try to run out of the
apartment? Did you scratch him?
Try to poke him in the eyes?”
Prosecutors say Ms. Sciorra
weighed only about 110 pounds
in those days, making her no
match for the 300-pound Mr.
Weinstein. “He was too big” to
fight off, she told the jury. “He
was frightening.”
Ms. Sciorra went public in a
story in The New Yorker in Octo-
ber, 2017, after one of the few
people she says she told about
the incident, actress Rosie Perez,
got word to reporter Ronan Far-
row that he should call her.
Ms. Sciorra didn’t get involved
in the criminal case until later.
Her allegations weren’t part of
the original indictment when Mr.
Weinstein was arrested in May,
2018, but after some legal shuf-
fling they were included in an up-
dated one last August.

ASSOCIATEDPRESS

Weinsteinjuryappearssplitonmajorcharges


Jurorsaskjudgeifit


ispermissibleforthem


tobehungonone


orbothcountsof


predatorysexualassault


TOMHAYS
MICHAELR.SISAKNEWYORK


| NEWS
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