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  • good afternoon when I'm David Usher here along with our senior investigator Porter Johnson Dance.

  • Because just a short time ago, the jury in the Harvey Weinstein rape trial sent word that it has reached a verdict.

  • This is the latest, most monumental development in a saga that really started in the fall of 2017 with published articles and went along in the criminal justice system and now a jury.

  • After deliberating here 18 days, I believe Jonathan has reached a verdict.

  • We're gonna get to Jonathan for his analysis.

  • First, though, we're gonna head down to Sarah Wallis, who is at the courthouse.

  • Sarah and David.

  • We are just getting word from inside the courtroom that Harvey Weinstein has been found guilty of count to, which is a predatory act.

  • He has also been found guilty of rape and the third degree these air charges that involved Jessica Man.

  • She said that Excuse me.

  • Excuse me.

  • Let me go back here.

  • Rape in the third degree's count.

  • Two.

  • Sorry, Predator Criminal act.

  • I take that back.

  • Sorry.

  • Criminal act in the first degree.

  • That's Mimi Hayley and rape in the third degree.

  • Jessica man guilty.

  • So let me go back over this sorry, predatory sex assault counts one and three.

  • Those were the most serious we're hearing.

  • Not guilty.

  • Account to criminal sex.

  • Act in the first degree.

  • That's Mimi Haley.

  • She was the former production assistant who said she had been at sex forced on her in 2006.

  • Guilty of that charge.

  • Not guilty on rape in the first degree against Jessica Man.

  • She is theatrics who said that she was raped in 2013 and guilty on rape in the third degree.

  • What's really significant here is that he has been found guilty of predatory sexist that was also involving the actress Annabella Shura.

  • What is significant is that that count that count requires a mandatory minimum of 25 years in prison maximum of life in prison.

  • So at this point, Harvey Weinstein is going to go away for the rest of his life.

  • David.

  • Okay, Sarah, obviously, it's happening in real time.

  • We're trying to look here, so I just want to make sure we go over this.

  • Jonathan is we go over it together, right?

  • I think the headline here is that you have a guilty verdict for the sex assault on Miriam Haley, right?

  • Which means he has been convicted on some of the serious but lesser counts.

  • Hey was not convicted of the predatory sex assault counts that carried upto a life in prison sentence, but nonetheless Harvey Weinstein, found guilty of committing account to a criminal sexual act first degree against Miss Haley that is found guilty, according to the producers in the courtroom who are e mailing out these results right now.

  • Now, let's just take you back because there was a lot for the jury and, of course, a lot for those watching this to digest.

  • Miriam Haley was a production assistant on a show that Weinstein was behind a project runway, and she had claimed that he forced oral sex on her at his home in 2006.

  • And then she had gone on to say that she had reluctantly had sex with him two weeks later in a hotel.

  • And this was the challenge for prosecutors to kind of prove that it could still be a crime, even though they had maintained Jonathan some contact and relationships after the alleged right.

  • And he's also, according to Eric, if I field our reporters in the courtroom.

  • Also guilty for the sex assault on Jessica Man.

  • So the two specific most recent incidents Jessica Man, who said that she was raped inside a Manhattan hotel room in 2013.

  • The jury finding Weinstein guilty on Miriam Hayley, the production assistant who says in 2006 she was forced to engage in an aural sects act.

  • Guilty.

  • All the other counts.

  • Not guilty, according Thio Erica reporters who are in the courtroom right now.

  • All right, so it's process not guilty on the two most serious charges, but still a potential jail time here.

  • Sarah Wallace.

  • We want to get back out to you is you've had more time to look at this.

  • Yes, absolutely.

  • David And you and Jonathan talking about So let me correct that yet Criminal sex act in the first degree.

  • So he is guilty of that one.

  • That sentence possible sentences 5 to 25 years, the rape in the third degree, just like a man.

  • That is a count that is one upto 1 to 4 years.

  • So again to correct that, not a predatory rape charge or a significant predatory charge, but nether.

  • Nevertheless, he is looking at a possible sentence of 5 to 25 years in prison for the most serious criminal act in the first degree on what we understand from this judge is that he will likely remand Harvey Weinstein.

  • He is a various, very tough judge.

  • He's a former prosecutor, so expect that we probably will not see Harvey Weinstein come out of court.

  • I do understand that Hiss attorneys are preparing to go to the Appellate Division at some point and ask for a possible leave to appeal.

  • That depends on that would be before sentencing.

  • We don't know about that, but at this point it is unlikely that we're going to see Harvey Weinstein walk out of here from court on those most serious charge again, we're talking about criminal act in the first degree and rape in the fifth degree.

  • All right, Sarah, thank you.

  • We're gonna get some legal analysis, but we remember Jonathan that on Friday this jury sent a note that everyone tried to parse, indicating that they were wrestling, probably with the two most serious charges, which require them to believe Annabelle Shore up the actor thing Actress most recently known for The Sopranos along with Miriam Hayley and along with just commit right.

  • So, basically, by saying that we'd reached a unanimous verdict, it appeared that they had come to a decision regarding the allegations of the two women of the two specific charges regarding specific acts that they could charge to dis Statue of Limitation.

  • Jessica Man, Miriam, Hallie.

  • They found that guilty.

  • The next step from there was this predatory sex act charge, which means you have to find them guilty of those first counts.

  • And then, if you do, doesn't show he was a repeat offender, repeatedly attacking women over the years.

  • Over the decades, they decided not to convict on that more serious predatory count.

  • But again, as Sarah was explaining to guilty verdicts two counts which carry anywhere from 5 to 20 years of a max, we are expecting to hear from D A Vance on the prosecution team shortly to give their reaction to the verdict and then perhaps from the defense outside 100 Centre Street to give their take.

  • But again, Harvey Weinstein found guilty on two counts.

  • All right, let's get some legal perspective on this.

  • Michael Barker has been kind of guiding a story or coverage, and he's standing by now.

  • Michael David, Usher along with Jonathan DEAs here with you.

  • Let me just get your first read on this verdict.

  • I know on Friday you were kind of giving an assessment based on what the note said.

  • But now that we have some clarity from the jury, give us your take.

  • Well, it seems pretty clear that the jury was hung regarding the Annabelle Shore, a matter they could not decide and decided.

  • Ultimately, that case was not proved beyond a reasonable doubt and hence could not convict of the predatory assault charges, which was the most serious charge in the case.

  • However, they did conclude that the evidence was sufficient to prove guilt as to the to lesser charges, even though they're fairly significant, there's a potential exposure of up to 20 years in connection with the sexual assault charge in the first degree and on the rape in the third degree.

  • There sturdily also is a state prison sentence exposure.

  • So even though Mr Weinstein and his defense team did a very nice job in defending on the top count's, there's no dispute that Mr Weinstein is looking at a very serious state prison sentence.

  • You're observant of this trial, those e mails where the victims of Roto Harvey Weinstein saying, We want to continue that relationship.

  • How big a play do you think those came in terms of the jury weighing that factor on how good a defense, how good a job defense do using those doctors?

  • Well, I think the defense did a wonderful job in using what evidence they had here.

  • And in addition, it was very clear that with me, sure, they just had a very serious problem with the fact that the relationship was on going.

  • There was the issue regarding Mr Felton, who testified that Miss Shore appeared to be fairly amicable with Mr Weinstein.

  • The failure to complain after a long period of time, and at the end of the day there was just a decision that assures testimony simply was not not credible enough to convict beyond a reasonable doubt.

  • And look, when you have these ongoing relationships with people where you continue to send friendly e mails, there's a very distinct argument to be made that if this was not Harvey Weinstein, this case probably never would have made it to a jury at all.

  • But given all of the attention and given all of the other women who have complained that were not part of this trial, the D A's office really had no choice but to bring these criminal charges and look.

  • Ultimately, the jury did conclude that Mr Weinstein eyes guilty of the offense is beyond a reasonable doubt, and certainly the evidence was there to convict him.

  • The e mails were certainly important, and the relationships the ongoing relationships were evidence that were used in a very dramatic way by the defense to beat the top counts.

  • Ultimately, I think the prosecutor's argument that why're these women here and why would they be telling these stories and subjecting themselves to this type of cross examination in this type of potential humiliation, for what reason?

  • Other than the fact that they are credible.

  • But look, we have to hand it to the jury.

  • They weigh this very, very carefully and the arguments by the defense that they couldn't get a fair trial because of the venue issues seem to have been ultimately disputed by this jury who acquitted after weighing all of this very, very serious evidence in connection with the top counts.

  • Michael Standby Force.

  • Michael Wagner, our legal analyst.

  • On this, A jury of seven men, five women.

  • They deliberated 18 days.

  • Let's get back out to Sarah Wallace is at the courthouse.

  • As these developments unfold.

  • Sarah Well and David, you all were discussing the fact that he has been found not guilty on the two top count.

  • It will be interesting to see what the district attorney says later on whether or not he announces that they may try to retry on those counts at a subsequent date, or whether or not they just accept the verdict to stand alone.

  • Verdict of the lesser but still very serious charges.

  • We are expecting the jury to be dismissed at some point, unclear as to whether or not they're going to speak to the media.

  • Obviously, everybody is very interested in how they came to those deliberations.

  • Michael was talking about how thoughtful they were from the very first day they were.

  • They sent in a note 45 minutes after they started deliberating, asking for more information.

  • They've asked for read backs.

  • They've asked for a clarification on legal definition.

  • So this again, a very thoughtful jury.

  • Seven men, five women We are watching right now to see who comes out.

  • Gloria Allred has been in court, as you know, that just returning himself has been in court for most of this trial.

  • So it will be interesting as to what they say and the defense as well.

  • Sarah, we will check back with you.

  • Let me clarify my numbers.

  • Is Jonathan points out the jury deliberated for five days.

  • This has been a process that started in late January, about 22 days with this whole proceeding.

  • And Jonathan, let's talk a little bit about There's a lot of pressure on side Vance, the Manhattan prosecutor on this.

  • There've been a number of other high profile sex crimes alleged and on, and he's been taking criticism for him.

  • So he was in court almost every day for this.

  • Yeah, on Did we expect to hear from him shortly to, uh uh uh, describe.

  • I mean, it was a bit of an uphill climb for the D.

  • A's office in a case like this, you heard Mr Wagner explaining that the evidence was there, but you're going back years.

  • You're talking about questions because the women continued these relationships.

  • But in the end, the jury believed the victims.

  • They took the stand.

  • They told their stories and because, apparently the repetitive nature of the allegations, they believe the victims Jessica Man and Miriam Hallie Thio say that, yes, Harvey Weinstein engaged in these acts, but it was no easy for this was not going to be a new, easy case to build.

  • I think going in they had their concerns whether they could win.

  • You remember the Dominique Strauss Kahn case from several years ago that did not end well for the D.

  • A's office allegations from a hotel housekeeper that he had assaulted her, right?

  • So so that there's been this record.

  • But this for the prosecutors.

  • They believe they've brought justice to the victims of Harvey Weinstein.

  • He is now facing, ah, prison sentence for the defense side.

  • You heard Mr Wagner saying that he believed this defense team did a very good job.

  • I think one of the questions for Harvey Weinstein will be.

  • Did he make a mistake?

  • Not keeping Ben Brafman on his defense team is a superb defense lawyer on, They parted ways as hey had fought hammer on those e mails and get them out in the public and used them for this defense.

  • Did the defense make enough of them?

  • Uh, regardless, that could be Monday morning quarterbacking, but nonetheless one questions about Ben Brafman being one of the lead defense attorneys.

  • Whether that would have made any difference in the defense off Harvey Weinstein.

  • Moving forward.

  • The defense team came under criticism of late because of that op ed in the Newsweek, while the jury was deliberating calling for the jury.

  • Thio reach a not guilty verdict, which raised, ah, whole bunch of questions for the judge on whether that would rub the jury the long way if they heard about it.

  • S o lots of questions but in the end is convicted of two counts.

  • Onda apparently will go straight to prison.

  • We're waiting for word what happens next from the reporters in the courtroom.

  • But it was anticipated if Weinstein was found guilty, yes, that he would be remanded that he would not be released, but in cars because there had been an issue with his monitoring bracelet along the way.

  • I mean it already racing.

  • Excuse me, suspicions about that.

  • He also faces pending charges in L.

  • A.

  • We'll sort through that in a while, but we want to go back to Sarah Wallace down to the courthouse with this word of guilty verdicts on two counts.

  • Sarah Just to say, criminal sexual act in the first degree against Miriam Haley and Rape in the third degree against Jessica Man, right, David and Jonathan.

  • We're now hearing also directly from the courtroom and our reporters insider telling us that Weinstein appeared to make contact with each juror as they said yes.

  • On the verdict and prior post to the verdict, he appears to be looking straight ahead, talking to his attorneys on occasion.

  • The question, of course, at some point during sentencing will be whether or not the judge give some leeway here on that potential 5 to 25 year sentence and whether or not Weinstein could actually be sentenced to something like 10 years in prison, which means that he would be 77 at the time that he were to get out again.

  • Jonathan, you're talking about the fact that this was a very high stakes prosecution for District attorney advance.

  • I think he will look at this as a win, although they didn't get the two top predatory counts.

  • But for him, he's going to say which you remarked about that they seemed to.

  • The jury seemed to agree with the victims that they did believe the victims when they told their story that one who said that she had been forcibly acted upon in 2006 the other one who said that she was raped in 2013.

  • Those were very compelling stories that he will say that the jury believed, and this is a very significant win for him if he wants to play it that way and against the predatory sex counts, indeed, and you know, this was informed.

  • So we understand from Leo analyst, perhaps by the prosecution of Bill Cosby, Jonathan, where he had an initial trial and there was one central witness in that one, and it was hung jury.

  • And then they came back with this kind of so called prior bad acts where they couldn't accuse him or charge him or try him on certain things, but did bring up a behavior to establish this kind of pattern, if you will.

  • And I think the defense just tried to show.

  • Look, Harvey Weinstein.

  • He's a bad guy.

  • Harvey Weinstein.

  • He treats women terribly.

  • Harvey Weinstein made mistakes, and he acknowledges that.

  • But in our view, he did not break the law.

  • He did not commit any crimes and that you have to be a courageous jury to stand up against this outside pressure and, ah, quit this man.

  • But the they believe the two women who said, Look, this man came into assaulted us, attacked us, and they resulted in conviction, which face a maximum up to 25 years in prison.

  • Dozens of women over the years have accused Harvey Weinstein of mistreatment, and we have a bit of a background regarding Harvey Harvey Weinstein and how we got here.

  • That is trialled.

  • Recent back surgery meant Weinstein was seen most days coming and going using a walker, But it was perhaps his perp walk back in May 2018 that most symbolized the movie moguls Downfall.

  • The NYPD in Manhattan D A deciding to move forward with criminal charges, Mimi Haley alleges.

  • Back in July 2006 Weinstein forced her to perform a Norrell sex act.

  • I told him, No, no, no, Jessica man alleges in March 2013 Weinstein overpowered her at this Eastside hotel and raped her.

  • Defense lawyers tried to raise doubt by saying both women continue to see Weinstein after the alleged incidents criminal charges surrounding claims made by 1/3 woman, Lucy A.

  • Evans, that she, too, was forced to perform oral sex.

  • Those charges were dropped before the trial began, but others, like Annabella Shura, were called to the stand.

  • She said she was raped by Weinstein 25 years ago while her incident not charge specifically, prosecutors trying to show Weinstein is a repeat predator who should be convicted of predatory sexual assault, a charge that carries upto life in prison after years of rumors about Weinsteins behavior.

  • In October 2017 some of the allegations hit the front page of The New York Times allegations that Weinstein had been abusing women, including demanding massages while standing naked.

  • Ashley Judd was one who spoke out.

  • Time's up on harassment and hostile work places.

  • Weinstein apologized for his behaviour, denying any criminality, and was quickly fired by his company.

  • In days, The New Yorker would detail allegations from 13 more women, the so called me to movement exploded a stunning fall for the Hollywood mogul, whose films won Oscars and who helped make some of Hollywood's biggest stars.

  • One of them, Gwyneth Paltrow, soon spoke out as well.

  • She joined dozens, a seemingly never ending stream of allegations.

  • And then all of a sudden, let's go take a massage.

  • That's the move that was the mountain.

  • But the criminal investigation would take time with the Manhattan D A pushing detectives form or hard evidence.

  • We have several complaints, and it's actively being investigated.

  • What moves fashions we can't to to resolve the outstanding issues.

  • Weinstein hired high powered New York defense attorney Ben Brafman but switched Defense Team's twice before trial, wanting a woman to help cross examine the accuser's taking the stand against him.

  • And again, Harvey Weinstein, found guilty of two counts.

  • The jury believing the allegations.

  • The charges brought by Jessica Man, aspiring actress who says Weinstein raped her in a Manhattan hotel back in 2013 along with Miriam Haley, former show producer, says Weinstein forced her to perform a sex act in his home in 2006.

  • Downtown on again, guilty on both counts up to 25 years in prison.

  • That's the max Good.

good afternoon when I'm David Usher here along with our senior investigator Porter Johnson Dance.

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ハーヴェイ・ワインスタイン、レイプと性虐待で有罪判決|NBCニューヨーク (Harvey Weinstein Found Guilty of Rape, Sex Abuse | NBC New York)

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    林宜悉 に公開 2021 年 01 月 14 日
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