Fresh accusations against Harvey Weinstein have emerged before his retrial, per a district attorney's statement.
The Assistant District Attorney, Nicole Blumberg, expressed in Manhattan Supreme Court that prosecutors are actively examining the accusations made by the newly surfaced accusers against Harvey Weinstein, as not all of them are willing to speak out yet.
When the judge enquired if there could potentially be a new indictment against Weinstein, Blumberg responded positively, saying "Yes, your honor". She explained that the team is evaluating which claims fit within the statute of limitations.
Blumberg emphasized the importance of protecting the identities of the survivors and ensuring they feel comfortable.
This comes in the wake of a ruling by the New York Court of Appeals, where they determined that the testimony of witnesses describing "prior bad acts" should not have been permitted because it "was not required to establish the defendant's intent and served only to portray the defendant's propensity to commit the charged offenses" - a decision which was unsympathetically divisive.
Weinstein, aged 72, was convicted in 2020 for first-degree criminal sexual act and third-degree rape. He has insisted on his innocence, maintaining that there were no instances of non-consensual sexual activity.
Back in court, prosecutors insisted that they'd appreciate a reminder to Weinstein's lawyers about not making derogatory public statements regarding potential witnesses capable of influencing the case adversely.
Defense attorney Arthur Aidala, who had previously commented on witness Miriam "Mimi" Haley's alleged financial interest in her allegations against Weinstein, maintained before the court that his words were "accurate", and he wasn't trying to coerce her.
Aidala also mentioned that he had thirty-two years of experience, implying he was more than aware of his duty of care.
The next hearing is scheduled for July 8 and Judge Farber requested prosecutors to communicate with the defense in the event they pursue a fresh grand jury. Assuming there would be, it's highly probable that Weinstein himself could testify.
Weinstein is currently imprisoned due to a sentencing in Los Angeles for 16 years for rape and sexual assault charges. This case also involved the use of "prior bad acts" witnesses and has been appealed.
Weinstein had massive influence as a Hollywood executive, helping produce films like "Pulp Fiction", "Clerks", and "Shakespeare in Love". He came under scrutiny with the rise of the #MeToo movement, where numerous women came forward with allegations of sexual abuse and harassment.
The Appellate Court's ruling overturning Weinstein's New York conviction led to varied reactions. His attorneys declared it proof of an unjust trial while his accusers and their support groups expressed dismay at a potential set-back in ensuring justice for those subjected to sexual violence.
The New York charges were in direct relation to Haley and Mann's testimonies, each alleging a separate instance of Weinstein's misconduct - the former a forced oral act, the latter a rape. Additionally, three other women took the stand as "prior bad acts" witnesses, asserting that Weinstein abused his influence against young women aspiring for careers in film.
These testimonies formed a significant part of the evidence presented at Weinstein's trial, facilitating a clearer argument of a pattern of abuse. Weinstein's defense, however, appealed the verdict, arguing that "prior bad acts" witnesses shouldn't have been allowed nor should the court have authorized prosecutors to inquire about instances of verbal abuse and bullying during cross-examination. Weinstein didn't testify in the trial.
The Court of Appeals subsequently agreed with the defense, stating that the trial court had incorrectly admitted testimonies from "uncharged, alleged prior sexual acts against people other than the complainants of the underlying crimes as they lacked any substantial purpose other than to portray Weinstein's propensity to commit the crimes charged". The use of "prior bad acts" witnesses has grown in prominence with more instances of sexual assault cases arising. This evidence can translate a harrowing "he said, she said" case into a more persuading "he said, they said" affair.
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The defense team has urged Weinstein's lawyers to refrain from making disparaging remarks about potential witnesses, as these statements could potentially impact the case negatively. Despite being imprisoned in Los Angeles, Us lawyers are actively monitoring the developments in his New York retrial.
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