Patterico's Pontifications

2/24/2020

Jury Finds Harvey Weinstein Guilty On Two Counts

Filed under: General — Dana @ 11:43 am



[guest post by Dana]

The verdict is in:

Harvey Weinstein is behind bars after jurors found him guilty on two of five counts in his rape and sexual assault trial.

The 67-year-old was convicted on one count of criminal sexual act and one count of rape in the third degree. He was cleared of the most serious charges, including two counts of predatory sexual assault and one count of rape in the first degree.

Following the verdict, Judge James Burke revoked Weinstein’s bail, and the disgraced Hollywood mogul was remanded into custody. Defense attorney Arthur Aidala told CBS2’s Alice Gainer he said, “I’m innocent” as he was placed into handcuffs.

Weinstein will be sentenced on March 11:

Criminal sexual act carries a maximum of 25 years, and rape in the third degree carries a maximum of four years.

Outside the courthouse, defense attorney Arthur Aidala commented on the conviction:

We still don’t think that the evidence supported this conviction whatsoever. We’re pretty confident that the appellate courts are going to find the same way. But you cannot discount the amount of pressure on this jury to convict him of something. It was enormous. The bottom line is: The day of jury selection, he was arrested again or re-charged in LA. I mean, how do you get a fair jury when the cover of every newspaper is the defendant in the New York case being arrested somewhere else? It just rings of unfairness.

Weinstein still faces charges in Los Angeles:

While the New York chapter of Harvey Weinstein’s criminal prosecution is over, pending an appeal and sentencing, the legal saga will soon move to Los Angeles.

Last month, Los Angeles County Dist. Atty. Jackie Lacey filed charges of forcible rape, forcible oral copulation, sexual penetration by use of restraint and sexual battery by restraint.

The charges were filed on the eve of Weinstein’s New York trial, so he has yet to appear in downtown L.A.

The trial in Los Angeles is not expected to begin until after Weinstein is sentenced in March.

–Dana

44 Responses to “Jury Finds Harvey Weinstein Guilty On Two Counts”

  1. According to the reports, as Weinstein was being lead away by officres, the judge said that he would make sure that Weinstein was taken to the infirmary because of the defense team’s expressed concerns over the fallen mogul’s “health”…

    Dana (4fb37f)

  2. What actions with regard to which women resulted in conviction and which charges were made that did not?

    Sammy Finkelman (02a146)

  3. Under New York Penal Code § 130.50 criminal sexual act in the first degree is defined as engaging in anal sex or oral sex with another person under one of the following conditions: By forcible compulsion. With a person who is physically helpless. With a child who is less than 11 years old.

    nk (1d9030)

  4. “rape in the third degree” in New York:

    A person commits Rape in the Third Degree (NYPL § 130.25) when they engage in sexual intercourse with someone who is incapable of consent. It should be noted that this statute does not apply to people who affirmatively indicate that consent is not being given, but rather to people who actually lack the capacity to consent. There are two main ways that the law deems someone incapable of giving consent to engage in sexual intercourse, the first is a person’s age, the second is their level of intoxication.

    If an individual is at least 21 years old and has sex with a person younger than 17, that person has committed Rape in the Third Degree. This is what is known as a “strict liability” crime. It does not matter if both parties are willing, engaged in a monogamous relationship, in love, etc. If one person is 21, and the other is under 17, and they have sex, the older party has committed statutory rape. Ignorance of the other person’s age is also not a viable defense. It does not matter if they appeared older, or more mature, the law views children under the age of 17 incapable of consenting to contact with a person over 21.

    Additionally, if two people have sex, but one person is extremely intoxicated, that person can later claim that due to their inebriated state, they did not have the mental faculties required to consent to sexual contact. This charge assumes that no force or coercion was used to compel sex, but rather that the person was not in the state of mind to provide consent, and that the other person knew, or should have known, and took advantage of the drunken state.

    Rape in the Third Degree is a non-violent E felony, punishable by up to one and a third to four years in prison.

    https://jeffreylichtman.com/new-york-city-sex-crimes-lawyer/rape/third-degree/

    Kevin M (ab1c11)

  5. Good.

    time123 (69b2fc)

  6. Let’s review– Stone found guilty on all counts– day of sentencing, he walks out of the court house into a SUV. Weinstein found guilty on two of five counts, gets immediately cuffed and walkered off to the pokie.

    This is why the ‘rule of law’ is a joke to most Americans.

    DCSCA (797bc0)

  7. So NY punishes sodomy rape more severely than other forms of rape? That seems rather unenlightened and bigoted of them.

    JVW (54fd0b)

  8. gets immediately cuffed and walkered off to the pokie

    If he was found innocent on all charges, he probably would get the same treatment. Remanded to jail to wait his extradition hearing to California.

    And of course, Harvey might be considered a flight risk, since unlike Stone Trump can’t pardon him (even if Trump wanted to).

    Kishnevi (eb30e0)

  9. This is why the ‘rule of law’ is a joke to most Americans.

    I’m sure you’d like all this better in GB or France.

    Or if all those terrible family values from the Reagan era just vanished in a puff of T-rump University smoke.

    I really do wonder what’s kept you here in this terrible, awful place that T-rump is cleaning up. They have daily flights to the nirvana of your choice.

    Ragspierre (d9bec9)

  10. DCSCA is an equal opportunity troll.

    Kevin M (ab1c11)

  11. How horse schiff were the prosecutors in not getting the two big charges to stick?

    mg (8cbc69)

  12. How sad. A noble man, who combated the NRA, and gave work to unemployed actors has been found guilty. Perhaps like noble Roman Polanksi, he can find a nice judge who will allow to flee the country and bask in the applause of Hollywood – in Europe.

    rcocean (1a839e)

  13. And I’m really sad that the Jury saw Mr. Weinstein, old and frail and using a walker, and still convicted him. How could a man in a WALKER commit a crime? Hopefully, the judge will take that into account when he’s sentenced.

    rcocean (1a839e)

  14. @10. You’re confused; I’m not a conservative.

    DCSCA (797bc0)

  15. @9.Or if all those terrible family values from the Reagan era just vanished in a puff of T-rump University smoke.

    Step away from the bong; they never existed.

    DCSCA (797bc0)

  16. @12. Yeah, he was quite the capitalist.

    DCSCA (797bc0)

  17. So NY punishes sodomy rape more severely than other forms of rape? That seems rather unenlightened and bigoted of them.

    Without researching the history of the New York law, I’m guessing that it’s a by-product of Lawrence v. Texas. One of its incidents was to strike down laws that punished homosexual rape and child molestation more severely than heterosexual rape and child molestation, so the states went more “clinical” in the elements. There probably have been cases in which homosexuals and pederasts claimed the new laws are unconstitutional discrimination too, because “this is the only way we can do it”.

    nk (1d9030)

  18. And Harvey Weinstein and his milieu including his accusers are little more than what we see when we turn over a rock, possibly a reason for casual curiosity but not much else.

    nk (1d9030)

  19. @18. Meh. As I’ve noted many times, t industry buz o Harveywas wel known and old news in Tinseltown. The first two stories shared amongst colleagues when first working in Hollywood years ago, bere MeToo# became less a creer mkr and more a career breaker, were: #1. never send a female rep alone to Weinstein’s offices unless she knows what she’s walking into. And #2, never go to a certain watering hole alone frequented by Kevin Spacey as he hit on colleagues.

    Invites to Harvey’s yacht parties were the hottest tickets to get a hold of in Cannes- particularly for the guys. Women knew the debauchery that went on below decks. And knew what Harvey could do for their futures. But back in the day, he made careers– and lots of money for industry players. Such is the engine that powers ‘free market capitalism.’ 😉

    DCSCA (797bc0)

  20. @19^ typos: As I’ve noted many times, the industry buzz on Harvey was well known and old news in Tinseltown. The first two stories shared amongst colleagues when first working in Hollywood years ago, before MeToo# became less a career maker and more a career breaker…

    DCSCA (797bc0)

  21. Harvey Wallbanger is 67 years old, obese and probably burned out. He won’t get the maximum sentences allowed under the law, but if he gets just ten years he’s still likely to come out in a box.

    The Dana in Kentucky (b7cfab)

  22. DCSCA, when I moved to the Los Angeles area some 24 years ago, I had a college friend who worked as a script-reader for one of the studios (not one affiliated with Miramax though). I was talking to her about the job and what it was like to deal with Hollywood producers and directors. This was about the time that Pulp Fiction and Shakespeare in Love had been huge hits, so I made some sort of comment along the lines of she probably wished she worked at a really hot production company like Miramax. I remember that she gave me a funny look and said, “Well, I have a friend who works for the Weinstein brothers at Miramax and all I can say is that I would never want to work for either one of those two men.” She wouldn’t go into details, but I got the gist of what she was trying to tell me.

    Anyway, when all this news broke about their (especially Harvey’s) behavior towards women, all I could think was that I — some schnook with only very tenuous connections to the Hollywood world — knew that he was an awful person, so how could all of these rich and powerful Hollywood actors and directors pretend that they didn’t hear similar gossip, likely in full detail. So my sympathy for the well-connected Tinseltown crowd who now claims to be betrayed and shocked is quite limited.

    JVW (54fd0b)

  23. He won’t get the maximum sentences allowed under the law, but if he gets just ten years he’s still likely to come out in a box.

    Call me cynical (I plead guilty), but I kind of see him being sent to country club prison where he will become a macrobiotic vegetarian, shed 70 pounds, adopt some trendy faith (is Kabbalah Judaism still a big thing in Hollywood?), get paroled after serving six of his ten years, and return to produce an epic remake of Gaslight with Kristen Stewart in the Ingrid Bergman role and Woody Harrelson in the Charles Boyer role, with the plot now set during Donald Trump’s second term. It will win eleven Academy Awards.

    JVW (54fd0b)

  24. Do they have country-club prisons in Nuevo Ork? I know they have some really hard ones.

    It’ll be interesting to see where Jabba winds up. Kuhlifornia may offer more time.

    Ragspierre (d9bec9)

  25. but I kind of see him being sent to country club prison

    This is New York state. They don’t have those. For that you need to be prosecuted by the Feds (in my old firm we used to call it Club Fed.)

    Bored Lawyer (56c962)

  26. Do they have country-club prisons in Nuevo Ork?

    Think of all of the New York politicians who have been sentenced to prison. Surely they don’t send those people to Sing Sing or Attica. I’m sure there are some low-security private prisons where Weinstein can pay $15k/month to live a life of ease.

    JVW (54fd0b)

  27. @22. No surprise, JVW. It was an industry wide truism. There’s plenty of ‘inside baseball’ Weinstein buzz along with lots of other tidbits you learn PDQ. It’s a small ‘company town’. money talks; careers were to be made. It’s like Rock Hudson being gay; outside of Hollywood, pretty much all Americans had no idea Susan Saint James, Gina Lollobrigida and Doris Day were snuggling up and smooching with an known flamer throughout the biz only Lindsey Graham could love.

    DCSCA (797bc0)

  28. Maybe he’ll be sent to Dannemora. He might have the talent that would appeal to one of the civilian employees.
    BTW, Patricia Arquette was great in that movie; much respect for a great artist.

    Fred (6dd5aa)

  29. Moderation?

    DCSCA (797bc0)

  30. 27.@22. No surprise, JVW. It was an industry wide truism. There’s plenty of ‘inside baseball’ Weinstein buzz along with lots of other stoies you learn. It’s a small ‘company town’- money talks; careers were to be made or lost. It’s like Rock Hudson; outside of Hollywood, pretty much all Americans had no idea Susan Saint James, Gina Lollobrigida and Doris Day were snuggling up on camera with someone who in reality wasn’t what he was made out to be and only a Lindsey Graham could love.

    DCSCA (797bc0)

  31. No surprise, JVW. It was an industry wide truism.

    DCSCA (797bc0)

  32. by all means he should have broken a federal law to get to camp lola

    mg (8cbc69)

  33. The man was a real pig. But he got away with it for so long because Hollywood is full of swine.

    rcocean (1a839e)

  34. The entire entertainment industry is a brothel, and as any successful pimp will tell you, you can’t keep w**res happy, you can only try to keep them under your thumb.

    nk (1d9030)

  35. He didn’t make it to Rikers Island. Weinstein was taken to Bellevue Hospital after complaining of chest pains.

    https://variety.com/2020/biz/news/harvey-weinstein-hospital-chest-pains-1203514196/

    Andrew McCarthy explains the NY state rape laws and the charges.

    https://www.nationalreview.com/2020/02/harvey-weinstein-verdict-long-prison-sentence-likely/

    Mattsky (55d339)

  36. @33. But he got away with it for so long because Hollywood is full of swine.

    Yes, Reagan was quite the ham.

    Bob Hope, too.

    DCSCA (797bc0)

  37. 34.The entire entertainment industry is a brothel, and as any successful pimp will tell you, you can’t keep w**res happy, you can only try to keep them under your thumb.

    Yes. You could ask Ronald and Nancy Reagan– but they’re gone.

    DCSCA (797bc0)

  38. It’s like Rock Hudson; outside of Hollywood, pretty much all Americans had no idea about him– but Susan Saint James, Gina Lollobrigida and Doris Day did. Careers and $$ rule.

    DCSCA (797bc0)

  39. Not Walter Cronkite and Jessica Savitch?

    You know what I’m talking about. You’ve got the studio nebbishes who back home couldn’t get laid if they plunked down $1,000 in a $20 cathouse and all the Norma Jeans with nothing to peddle but their ability to arouse the procreative urge. A situation for mutual exploitation.

    nk (1d9030)

  40. Yes, Reagan was quite the ham. Bob Hope, too.

    Yeah, Bob Hope was born in 1903, Reagan in 1911. What that has to do with Hollywood in the 21st Century is anyone’s guess. You might as well bring up Winston Churchill when discussing the UK Parliament in 2020.

    rcocean (1a839e)

  41. Not to mention that they were leading men who had to fight off women with a stick, and not dorky bean counters whose only attraction is that they can give out a two-minute speaking part in a movie.

    nk (1d9030)

  42. How exemplary parents like the Obamas let their daughter work for the pig?

    mg (8cbc69)

  43. how many

    mg (8cbc69)

  44. Not this guy. He does his work in-house.

    JRH (52aed3)


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