Two jurors who voted in June to convict Harvey Weinstein of sexual assault stated they remorse the choice and solely did so as a result of others on the panel bullied them, the previous film mogul’s legal professionals stated in a newly public courtroom submitting.
Weinstein’s legal professionals are in search of to overturn his conviction for first-degree felony intercourse act, arguing in papers unsealed Thursday that the responsible verdict was marred by “threats, intimidation, and extraneous bias,” and that the decide didn’t correctly take care of it on the time.
In sworn affidavits included with the submitting, two jurors stated they felt overwhelmed and intimidated by jurors who wished 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 stated she was screamed at within the jury room and instructed, “we have to get rid of you.” The different juror stated anybody who doubted Weinstein’s guilt was grilled by different jurors and that if he may have voted by secret poll, “I’d have returned a not responsible verdict on all three costs.”
“I regret the verdict,” that juror stated. “Without the intimidation from other jurors, I believe that the jury would have hung on the Miriam Haley charge.”
Weinstein, 73, was acquitted on a second felony intercourse act cost involving a distinct girl, Polish psychotherapist and former mannequin Kaja Sokola. The decide 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 costs. His 2020 conviction, a watershed second for the # MeToo motion, was overturned final 12 months. Now his protection staff, led by lawyer Arthur Aidala, is combating to get rid of his retrial conviction and head off one other retrial on the undecided depend.
Judge 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. That means a call and a doable retrial or sentencing received’t come till after Manhattan District Attorney Alvin Bragg is up for reelection on Nov 4.
In the affidavits, which blacked out juror names and figuring out numbers, the 2 jurors stated they feared for his or her security and the foreperson’s security. They stated that when the foreperson requested for civility, one other juror bought in his face, pointed a finger and instructed him: “You don’t know me. I’ll catch you outside.”
One of the jurors stated deliberations have been poisoned by a perception amongst some jurors {that a} member of the panel had been paid off by Weinstein or his legal professionals. That declare, which has not been supported by any proof, shifted the jury of seven girls and 5 males “from a fair 6-6 spit to a sudden unanimous verdict,” the juror stated.
Some of what was stated within the affidavits echoed acrimony that spilled into public view throughout deliberations. As jurors weighed costs 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 different jurors have been pushing folks to vary their minds and {that a} juror yelled at him for sticking to his opinion and advised the foreperson would “see me outside.”
After the jury returned a verdict on two of the three costs, Farber requested the foreperson whether or not he was keen to deliberate additional. The man stated no, triggering a mistrial on the rape depend.
After the trial, two jurors disputed the foreperson’s account. One stated nobody mistreated him. The different stated deliberations have been contentious, however respectful.
When jurors got here ahead with issues, 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. In their affidavits, the 2 jurors stated they didn’t really feel the decide was keen to hearken to their issues.
When jurors have 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 and indicate my discomfort in the verdict.” Afterward, when Farber spoke with jurors, she stated she instructed him “the deliberations were unprofessional.”
Weinstein denies all the costs. The first-degree felony intercourse act conviction carries the potential for as much as 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 preliminary conviction in 2020, and he later additionally was sentenced to jail in a separate California case, which he’s interesting.
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