Two jurors who voted in June to convict Harvey Weinstein of sexual assault mentioned they remorse the choice and solely did so as a result of others on the panel bullied them, the previous film mogul’s attorneys mentioned in a newly public court docket submitting.
Weinstein’s attorneys are looking for to overturn his conviction for first-degree legal intercourse act, arguing in papers unsealed Thursday that the responsible verdict was marred by “threats, intimidation, and extraneous bias,” and that the choose didn’t correctly cope with it on the time.
In sworn affidavits included with the submitting, two jurors mentioned they felt overwhelmed and intimidated by jurors who needed to convict Weinstein on the cost, which accused him of forcing oral intercourse on TV and movie manufacturing assistant and producer Miriam Haley in 2006.
One juror mentioned she was screamed at within the jury room and informed, “now we have to do away with you.” The opposite juror mentioned anybody who doubted Weinstein’s guilt was grilled by different jurors and that if he might have voted by secret poll, “I might have returned a not responsible verdict on all three prices.”
“I remorse the decision,” that juror mentioned. “With out the intimidation from different jurors, I consider that the jury would have held on the Miriam Haley cost.”
Weinstein, 73, was acquitted on a second legal intercourse act cost involving a unique lady, Polish psychotherapist and former mannequin Kaja Sokola. The choose declared a mistrial on the ultimate cost, alleging Weinstein raped former actor Jessica Mann, after the jury foreperson declined to deliberate additional.
It was the second time the Oscar-winning producer was tried on a number of the prices. His 2020 conviction, a watershed second for the # MeToo movement, was overturned final 12 months. Now his protection group, led by lawyer Arthur Aidala, is combating to get rid of his retrial conviction and head off one other retrial on the undecided depend.
Decide Curtis Farber gave Manhattan prosecutors till Nov. 10 to conduct its personal investigation and file a written response earlier than he guidelines on Dec. 22. Meaning a choice and a potential retrial or sentencing gained’t come till after Manhattan District Legal professional Alvin Bragg is up for reelection on Nov. 4.
Jurors mentioned they feared for his or her security
Within the affidavits, which blacked out juror names and figuring out numbers, the 2 jurors mentioned they feared for his or her security and the foreperson’s security. They mentioned that when the foreperson requested for civility, one other juror acquired in his face, pointed a finger and informed him: “You don’t know me. I’ll catch you exterior.”
One of many jurors mentioned deliberations had been poisoned by a perception amongst some jurors {that a} member of the panel had been paid off by Weinstein or his attorneys. That declare, which has not been supported by any proof, shifted the jury of seven women and five men “from a fair 6-6 spit to a sudden unanimous verdict,” the juror mentioned.
A few of what was mentioned within the affidavits echoed acrimony that spilled into public view throughout deliberations. As jurors weighed prices for 5 days, one juror requested to be excused as a result of he felt one other was being handled unfairly.
Later, the foreperson complained that other jurors were pushing people to vary their minds and {that a} juror yelled at him for sticking to his opinion and advised the foreperson would “see me exterior.”
After the jury returned a verdict on two of the three prices, Farber requested the foreperson whether or not he was prepared to deliberate additional. The person mentioned no, triggering a mistrial on the rape depend.
After the trial, two jurors disputed the foreperson’s account. One mentioned nobody mistreated him. The opposite mentioned deliberations had been contentious, however respectful.
Jurors spoke with the choose
When jurors got here ahead with considerations, Farber was strict about respecting the sanctity of deliberations and cautioned them to not focus on the content material or tenor of jury room discussions, transcripts present. Of their affidavits, the 2 jurors mentioned they didn’t really feel the choose was prepared to take heed to their considerations.
When jurors had been requested in the event that they agreed with the responsible verdict, one of many jurors famous in her affidavit that she paused “to try to point out my discomfort within the verdict.” Afterward, when Farber spoke with jurors, she mentioned she informed him “the deliberations had been unprofessional.”
Weinstein denies all the costs. The primary-degree legal intercourse act conviction carries the potential for up to 25 years in jail, whereas the unresolved third-degree rape cost is punishable by as much as 4 years — lower than he already has served.
He has been behind bars since his initial conviction in 2020, and he later additionally was sentenced to jail in a separate California case, which he’s appealing.
