Harvey Weinstein found guilty on two of five counts in rape trial

Harvey Weinstein has been found guilty of third degree rape and a criminal sexual act but was acquitted of being a serial sexual predator in his high profile New York trial. 

The disgraced Hollywood producer was convicted by a jury of sexually assaulting former production assistant Mimi Haleyi in his apartment in 2006 and raping aspiring actress Jessica Mann in a hotel room in 2013. 

Weinstein was acquitted of the two most serious counts of predatory sexual assault, which carried a potential life sentence. He was also found not guilty of first degree rape in relation to Mann. 

He now faces up to 25 years in prison. 

The disgraced Hollywood producer was handcuffed in court before being led away. He has been remanded in custody until his March 11 sentencing.  

He was flanked by several court security officers and did not react when the jury of seven men and five women handed down their verdict on Monday after five days of deliberations.  

Harvey Weinstein is pictured arriving at Manhattan’s criminal court on Monday before jurors reached a verdict in his high-profile rape trial

Mimi Haleyi

Jessica Mann

Weinstein was convicted by a jury of sexually assaulting former production assistant Mimi Haleyi in 2006 (left) and raping aspiring actress Jessica Mann in 2013 (right)

Weinstein: The verdict 

Third degree rape – Jessica Mann: Guilty

Criminal sexual act – Mimi Haleyi: Guilty 

Predatory sexual assault – Jessica Mann and Annabella Sciorra: Not guilty 

Predatory sexual assault – Mimi Haleyi and Annabella Sciorra: Not guilty 

First degree rape – Jessica Mann: Not guilty 

In total, Weinstein was charged with five counts including first and third degree rape for Mann and a criminal sexual act for Haleyi’s forcibly oral sex allegation. He was also charged with predatory sexual assault for both women.

The predatory sexual assault charge, which is the most serious, incorporated Sopranos actress Anabella Sciorra’s allegation that she was raped by Weinstein in the mid-1990s.

Sciorra’s allegation was too old to be charged on its own because of the statute of limitations, but jurors had to consider it as the basis of the two counts of predatory sexual assault.

To convict Weinstein of that charge, jurors had to agree on two things: That Weinstein raped Sciorra and that he committed one of the other charged offenses related to Mann or Haleyi.

The verdict means that the jury did not believe Sciorra’s testimony. 

It followed weeks of often harrowing and excruciatingly graphic testimony from a string of accusers who told of rapes, forced oral sex, groping, masturbation and lewd propositions. 

Three other women – costume designer Dawn Dunning, model Tarale Wulff and actress Lauren Marie Young – were also called to testify during the trial that Weinstein allegedly groped and sexually assaulted them.

Their accusations were not the basis of any charges but they were brought in to help prosecutors show Weinstein had a particular intention or showed a signature behavior pattern when he invited women to meet with him.

Weinstein is pictured above reading papers in the courtroom as the jury continues day five of deliberations in his case

Weinstein is pictured above reading papers in the courtroom as the jury continues day five of deliberations in his case

THE CHARGES AGAINST WEINSTEIN EXPLAINED

What was Weinstein accused of:

Harvey Weinstein was accused of raping aspiring actress Jessica Mann in a Manhattan hotel room in 2013 and forcibly performing oral sex on film production assistant Mimi Haleyi in his apartment in 2006.

What are the FIVE charges he faced: 

Jessica Mann: First degree rape and third degree rape 

The first degree charge alleges Weinstein used physical force or an implied or expressed threat that led the alleged victim to fear immediate death or injury. The third degree charge alleges only that there was a lack of consent.

Mimi Haleyi: Criminal sexual act for her forced oral sex allegation.

Two counts of predatory sexual assault, one for each of the charged acts.

How the predatory sexual assault charges works:

Under New York law, one way a person can be found guilty of predatory sexual assault is if he or she committed certain sex offenses in the past, even if that conduct didn’t result in criminal charges.

In Weinstein’s case, prosecutors alleged that he raped Sopranos actress Annabella Sciorra in late 1993 or early 1994 – an accusation that is too old to be the basis for criminal charges on its own because of the statute of limitations.

The verdict:  

The jury convicted Weinstein of third degree rape for Mann.

He was found guilty of a criminal sexual act for Haleyi. 

Weinstein was found not guilty of the two counts of predatory sexual assault and first degree rape for Mann.

To find him guilty of predatory sexual assault, the jury had to believe Sciorra’s allegations and that he committed one of the other charged offenses related to Mann or Haleyi.     

How much time could he face?

Each of the predatory sexual assault counts is punishable by 25 years to life in prison.

The first degree rape and criminal sex act counts each carry a maximum sentence of 25 years in prison.

Third degree rape carries a maximum sentence of 4 years in prison.

Why did three other accusers testify at trial:    

During the six-week trial, three other women – costume designer Dawn Dunning, model Tarale Wulff and actress Lauren Marie Young – testified they were enticed into meeting Weinstein for professional reasons and then groped or raped. 

Their accusations were not the basis of any charges but they were brought in to help prosecutors show Weinstein had a particular intention or showed a signature behavior pattern when he invited women to meet with him. 

Under New York state law, they are known as ‘Molineux’ witnesses. 

Jessica Mann gave vivid description of Weinstein’s ‘deformed’ naked body and told of how he bellowed ‘you owe me!’ before dragging her into a bedroom 

Jessica Mann, one of the two key accusers in Harvey Weinstein’s case, testified that he raped her twice – in New York and Los Angeles – during an ‘extremely degrading’ relationship with the producer that lasted for years. 

Mann told the court that she first met Weinstein at a party in late 2012 or early 2013 after she moved from Washington state to Los Angeles to pursue an acting career but said she didn’t know who he was when he introduced himself.

When he pulled her aside later, he told her he was interested in her as an actress but not her Brazilian roommate Talita Maia who she came to the party with. Mann said she felt ‘guilty’ but gave Weinstein her number.  

When she met Weinstein at a bookstore to learn about movie-business history, Weinstein told her that she ‘looked prettier than Natalie Portman’ and that he wanted her to read for a top role in a vampire film. 

Jessica Mann, one of two key accusers in Weinstein's case, testified that he raped her twice - in New York and Los Angeles - and once bellowed 'you owe me!' as he dragged her into a bedroom

Jessica Mann pictured in 2013

Jessica Mann, one of two key accusers in Weinstein’s case, testified that he raped her one morning in March 2013 in a New York hotel room. She is pictured left in court and right in a 2013 film

A casting director later testified that, despite Weinstein’s promises, Mann was too old and tall to fit the role and that it had already been cast at the time.     

She later ended up in his suite at a Los Angeles hotel after what she thought was a professional dinner where she said Weinstein pressured her into giving him a back massage on the bed with his shirt off.

Mann said Weinstein started offering her invitations to events and, on one occasion, asked her and her roommate to his hotel suite to give them the vampire script he had been talking about – even though it had already been cast.  

She said Weinstein started undressing before going into the bedroom and calling her name. When she went to the bedroom, she said he grabbed her arm, closed the door and started ‘trying to kiss me like crazy’. 

Mann said she tussled with him and he grew increasingly angry before saying: ‘I’m not letting you leave until I do something for you’. Mann told jurors that Weinstein then performed oral sex on her. She said she feigned orgasm to get herself out of the encounter.  

‘I sort of locked up and got really quiet. I was worried about my friend out there by herself. I faked an orgasm to get out of it. He asked me how it was, if I liked it. I was nervous, so I told him it was the best I ever had,’ she testified.  

Mann said she then started having a twisted relationship with the mogul in which they had multiple consensual sexual encounters, including a failed threesome. 

‘I was confused after what happened and I made a decision to be in a relationship with him,’ she said. Mann said that while she wasn’t sexually attracted to Weinstein, she felt compassion for him and wanted his approval. 

The failed threesome occurred in February 2013 when Weinstein had Mann meet him and actress Emanuela Postacchini at a Los Angeles hotel and he tried to persuade the women to have sex with him. 

Postacchini, who was called as a prosecution witness, later told jurors that Mann went into the bathroom and was ‘crying in the fetal position on the ground’. 

Mann testified that the rape occurred a month later when she was staying at the Doubletree Metropolitan hotel in Manhattan with friends ahead of a breakfast meeting with Weinstein. 

She said she panicked when she saw Weinstein checking in early. Mann claims that Weinstein told her to not embarrass him and ordered her to go upstairs to his hotel room.  

Mann sobbed on the witness stand as she told jurors that she was forced to strip off her clothing in a New York City hotel room one morning in March 2013. Mann, whose allegations led to charges being brought against Weinstein, claimed the heavyset Hollywood tycoon trapped her in the room and then raped her

Mann sobbed on the witness stand as she told jurors that she was forced to strip off her clothing in a New York City hotel room one morning in March 2013. Mann, whose allegations led to charges being brought against Weinstein, claimed the heavyset Hollywood tycoon trapped her in the room and then raped her

Jessica Mann leaving court on February 3

Jessica Mann arriving at court on February 4

 Mann testified for three days, more than any other accuser, and broke down during an intense cross-examination. After losing her composure at one point, Mann could be heard screaming in a side room of the court

She claimed she tried to get out of the room twice but Weinstein blocked her and ordered her to undress. Mann said he emerged from the bathroom naked and then raped her on the bed.   

Mann said during her testimony that she found a needle in a trash can after and believed, after some research, that he had injected himself with an erection-inducing drug.  

She admitted that she continued to see Weinstein after this incident but tried to avoid physical contact. 

Mann accused Weinstein of raping her again eight months later when she was working as a hairdresser at a Los Angeles hotel after she told him she was dating an actor.   

He flew into a rage and screamed ‘You owe me one more time!’. He told her ‘I don’t have time for games’ before attacking her, she said.

‘Okay, now go have your relationship,’ he told her, according to her testimony. His apology: ‘I just find you so attractive, I couldn’t resist.’   

During her testimony, Mann was asked by a prosecutor to describe Weinstein’s body. She said she didn’t believe he had testicles and his penis looked like a vagina. She also said that when she first saw him naked she thought Weinstein was ‘physically deformed or intersex’ and may have been a burn victim due to ‘extreme scarring’ on his stomach. 

The jury were shown naked photos of Weinstein to corroborate Mann’s description of his body. The photos, which were only shown to jurors, were taken by a Manhattan District Attorney’s office photographer on June 18, 2018. 

As he left the court that day, Weinstein was asked by a journalist: ‘Were those nude photos of you that the jury looked at?’ Weinstein laughed and turned to one of his lawyers and said: ‘No, it was Playboy’. 

Mann testified for three days, more than any other accuser, and broke down during an intense cross-examination. After losing her composure at one point, Mann could be heard screaming in a side room of the court. 

Mann admitted during her testimony that she had kept in touch with Weinstein by sending him flattering emails because ‘his ego was so fragile’. She said it ‘made me feel safe, worshipping him in this sense… I wanted to be perceived as innocent and naive.’ 

During her testimony, Mann was asked by a prosecutor to describe Weinstein's body. She said she didn't believe he had testicles and his penis looked like a vagina. The jury were also shown naked photos of Weinstein to corroborate Mann's description of his body

During her testimony, Mann was asked by a prosecutor to describe Weinstein’s body. She said she didn’t believe he had testicles and his penis looked like a vagina. The jury were also shown naked photos of Weinstein to corroborate Mann’s description of his body

The defense said Mann sent Weinstein warm emails that said things like ‘Miss you, big guy.’ Not once, in more than 400 messages between the two, did the woman accuse Weinstein of harming her, his lawyers said. 

Asked why she didn’t break off contact with Weinstein at the first sign of trouble, Mann said she didn’t want to offend him. But defense lawyer Donna Rotunno asked whether it was really because the woman ‘wanted to benefit from the power he had.’ 

She said her relationship with the then-married Weinstein was more complicated than that but defiantly declared: ‘He is my rapist.’ 

The defense later called her friend and former roommate, Talita Maia, who claimed Mann didn’t show any signs of distress on the day Weinstein allegedly raped her in New York. 

Maia was with Mann in New York and said nothing seemed amiss when they met Weinstein for breakfast after the alleged rape, she testified. She told the jury she spent the rest of that day with Mann and she never mentioned the alleged attack. 

Maia said Mann ‘spoke highly’ of Weinstein during her relationship with him, even calling him her ‘spiritual soulmate’ at one point.

‘She seemed to really like him as a person,’ Maia said. 

‘I told him I’m on my period’: Project Runway assistant Mimi Haleyi told the jury that Weinstein pulled out her tampon and forcibly gave her oral sex in his apartment 

Former Project Runway production assistant Mimi Haleyi, the woman Harvey Weinstein went on trial on charges of sexually assaulting her, recounted during her testimony how the film mogul forcibly performed oral sex on her while she had her period at his Manhattan apartment in 2006. 

‘I was kicking, I was pushing, I was trying to get away from his grip,’ the now 42-year-old testified. ‘He held me down and kept pushing me down to the bed.’ 

She told jurors she thought she was being raped and wondered: ‘If I scream rape, will someone hear me?’ 

Former 'Project Runway' production assistant Mimi Haleyi, the woman Weinstein is charged with sexually assaulting in 2006, recounted during her testimony how the film mogul forcibly performed oral sex on her while she had her period at his SoHo apartment

Former ‘Project Runway’ production assistant Mimi Haleyi, the woman Weinstein is charged with sexually assaulting in 2006, recounted during her testimony how the film mogul forcibly performed oral sex on her while she had her period at his SoHo apartment

Haleyi broke down in tears describing the alleged attack, saying 'I did reject him, but he insisted. Every time I tried to get off the bed, he would push me back and hold me down'

Haleyi broke down in tears describing the alleged attack, saying ‘I did reject him, but he insisted. Every time I tried to get off the bed, he would push me back and hold me down’

‘I did reject him, but he insisted. Every time I tried to get off the bed, he would push me back and hold me down’.  

‘I was crying no, no. I told him I’m on my period. It was as if he didn’t believe me. I said something like where is it then? He literally pulled my tampon out.

‘I checked out and decided to endure it. That was the safest thing I could do.’ 

Haleyi said she and Weinstein, who had gotten her the job at Project Runway, had sex at a Tribeca hotel two weeks later. 

Haleyi, above in 2017, recounted during her testimony how the film mogul forcibly performed oral sex on her while she had her period at his SoHo apartment

Haleyi, above in 2017, recounted during her testimony how the film mogul forcibly performed oral sex on her while she had her period at his SoHo apartment

She said she ‘just felt like an idiot’ for letting Weinstein convince her to meet again, but thought seeing him could help her regain power as she tried to make sense of the alleged assault. 

She said she didn’t want to be intimate that time but didn’t think Weinstein forced her to have sex. 

Weinstein’s lawyers suggested that episode was evidence he didn’t coerce her during the first encounter either.   

Haleyi’s former roommate, Elizabeth Entin, later took to the stand to corroborate her testimony about the alleged sexual assault.  

Entin said Haleyi had told her about the encounter a short time after it happened. She said Haleyi was anxious and pacing as she recounted telling Weinstein: ‘No. No.’

She said she told Haleyi: ‘That sounds like rape. I said why don’t we call a lawyer. She still seemed very distraught and was shaking and walked away and didn’t want to talk about it. She felt like she couldn’t talk and wasn’t very present.’

Entin testified that her friend changed after the alleged assault. Haleyi, whose given name is Miriam Haley, changed her name due to public scrutiny she faced after coming forward in October 2017 with the Weinstein allegations.  

On cross-examination by Weinstein’s lawyer, Donna Rotunno, Entin recalled thinking at first that it was just ‘stupid’ that Weinstein kept showing up unannounced at their apartment in the East Village.

‘Because this older guy was trying to get your friend? Correct?’ Rotunno asked.

‘Correct,’ Entin said.

‘And you thought it funny?’ Rotnunno asked.

‘We did, at the time,’ Entin said, recalling how her pet Chihuahua, Peanut, once chased Weinstein around the apartment after he barged in and demanded Haleyi go to Paris with him. 

Entin said they viewed Weinstein ‘as a pathetic older man trying really hard to hit on’ Haleyi. 

As Weinstein left the courtroom that day, a reporter in the hall asked: ‘Mr Weinstein, are you afraid of Chihuahuas?’ Weinstein smiled and said: ‘Do I look like I’m afraid of Chihuahuas?’. 

Sopranos actress Annabella Sciorra accused Weinstein of raping her, sending her chocolate penises and Valium – and turned up at her Cannes hotel room with baby oil

Sopranos actress Annabella Sciorra, who was the first accuser to take the stand, was brought in to testify about Weinstein allegedly raping her in her Manhattan apartment in the mid-1990s.   

Weinstein is not charged with attacking Sciorra but her testimony is a crucial part of the predatory sexual assault charges, which require prosecutors to establish a pattern of serious sex crimes against multiple women. Her accusation is too old to be the basis for criminal charges on its own due to the statute of limitations. 

Sciorra said she first met Weinstein at an industry event in Los Angeles in 1990 or 1991. By 1993, she had starred in one of his company’s movies, the romantic comedy The Night We Never Met. 

Sciorra told the jury that the burly Weinstein barged uninvited into her apartment in the winter of 1993 or 1994 and raped her after dropping her off from a movie-business dinner with actress Uma Thurman and other industry figures.  

He threw her on a bed and forced himself on her as she tried to fight him off by kicking and punching him, she said. Sciorra told the jury that eventually she ‘couldn’t fight anymore because he had my hands locked’ and that Weinstein told her he had ‘perfect timing’ after ejaculating on her nightgown.

Sopranos actress Annabella Sciorra, who was the first accuser to testify, told the jury that the burly Weinstein barged into her Manhattan apartment one winter night in 1993 or 1994 and violently raped her

Sciorra, who began her testimony composed, had told jurors this image of her with roses from around the time of the attack reminds her 'very much of being raped by Harvey Weinstein'

Sopranos actress Annabella Sciorra, who was the first accuser to testify, told the jury that the burly Weinstein barged into her Manhattan apartment one winter night in 1993 or 1994 and violently raped her. She is pictured left in court and right in January 1994

Recounting an accusation she said she kept largely secret for decades, Sciorra testified that after raping her, Weinstein went on to try to perform oral sex on her, saying: ‘This is for you’ as her body ‘shut down’.

‘It was just so disgusting that my body started to shake in a way that was very unusual. I didn’t even really know what was happening. It was like a seizure or something,’ she said. ‘I’m not sure if I fainted or fell asleep or blacked out, but I woke up on the floor with my nightgown kind of up and I didn’t know if something else had happened.’ 

At other points in the 1990s, Sciorra said that Weinstein sent her packages with Valium and a box of chocolate penises and turned up early one morning at her Cannes Film Festival hotel room in his underwear with the body oil and the videotape. 

She said he left after she frantically pushed buttons on the room phone to summon help.  

Sciorra said that roughly a month later, she ran into him and confronted him about what happened and he replied: ‘That’s what all the nice Catholic girls say.’

She claimed Weinstein then leaned toward her and added menacingly: ‘This remains between you and I.’ 

‘His eyes went black and I thought he was going to hit me right there,’ Sciorra testified. 

Afterwards, she spiraled into cutting herself and drinking heavily, she told the jury. 

She said she didn’t tell anyone at first about the alleged rape, not even her brothers, saying: ‘I wanted to pretend it never happened… I wanted to get back to my life.’ 

Her friend and fashion model Kara Young testified that a fidgety Sciorra ‘seemed a mess’ with long cuts on her legs when the two watched the Academy Awards together in 1994.  

Do the Right Thing actress Rosie Perez also testified during the trial that her friend Sciorra told her in the mid-1990s that Weinstein had raped her but that she couldn’t go to the police because ‘he’d destroy me’.

The Sopranos actress (above) confronted Weinstein from the witness standing during her testimony, saying that he overpowered and raped her and made other crude overtures that included sending her x-rated chocolates and showing up uninvited in his underwear

The Sopranos actress (above) confronted Weinstein from the witness standing during her testimony, saying that he overpowered and raped her and made other crude overtures that included sending her x-rated chocolates and showing up uninvited in his underwear

Annabella Sciorra is cross-examined by Weinstein's defense lawyer Donna Rotunno. Sciorra, who was the first accuser to testify, was brought in to testify that she was allegedly raped by Weinstein in 1993 or 1994 in her Manhattan apartment

Annabella Sciorra is cross-examined by Weinstein’s defense lawyer Donna Rotunno. Sciorra, who was the first accuser to testify, was brought in to testify that she was allegedly raped by Weinstein in 1993 or 1994 in her Manhattan apartment

Perez said her friend Sciorra had told at some point in 1993, her voice shaking on the phone, that something had happened to her: ‘I think it was rape.’

Perez said she asked if Sciorra knew who had attacked her, but Sciorra wouldn’t say at the time. But months later, on another phone call from London, she said Weinstein was harassing her and she was scared.

She testified that they both started crying after she said to Sciorra: ‘He’s the one that raped you’.

Sciorra later acted in another Weinstein-produced picture, 1997′s Cop Land but she said she didn’t realize when auditioning that his studio was involved.  

Weinstein’s lawyers sought to sow doubts about Sciorra’s story, raising questions about her actions after the alleged rape and asking whether she had once described the encounter as ‘awkward sex’, which she denied. 

During cross-examination, Weinstein lawyer Donna Rotunno noted that Sciorra never went to police or a doctor about the alleged rape. 

‘At the time, I didn’t understand that that was rape,’ Sciorra said. She testified earlier that she once thought rape was a crime of strangers. ‘I thought he was an okay guy. I felt confused. I felt like I wished I never opened the door,’ she said. 

Rotunno also suggested that Sciorra’s judgment and recollection were clouded by drinking but the actress replied that she remembered having only a glass of wine with dinner.

Weinstein’s defense played a 1997 clip of Sciorra playfully telling late-night host David Letterman that she sometimes had fun with the media by making up stories such as her father raising iguanas for circuses. Sciorra said she would never lie about something as serious as sexual assault.

The defense also highlighted an August 2017 text message in which Sciorra told a friend she was broke and was ‘hoping Harvey has a job for me’.

The actress said she was just ‘fishing’ to try to find out through the friend whether Weinstein knew that a reporter had gotten wind of her accusations, which were first published in The New Yorker two months later.  

 

Read more at DailyMail.co.uk