哈维·韦恩斯坦周二出现在曼哈顿刑事法院,检察官指控他强奸的女性比之前起诉这位名誉扫地的电影制片人的女性还多。
检察官告诉法官柯蒂斯·法伯,他们仍在评估温斯坦之后站出来的女性的指控定罪被推翻了4月份上诉,但计划向大陪审团提交至少一名据称受害者的指控。
助理地方检察官妮可·布隆伯格说:“我们认为被告在曼哈顿强行强奸和性虐待妇女的行为符合诉讼时效。”。“2020年,有些女性还没有准备好走法律程序。他们现在准备好了。”
布隆伯格拒绝给法伯一个决定新指控的时间表,但表示她将为今年秋天的新审判做好准备。
温斯坦否认了所有不当性行为的指控,他的律师对任何新的指控者表示怀疑。
辩护律师阿瑟·艾达拉指控检察官使用拖延战术。
“他们有一个被告,现在他们在外面寻找犯罪,”艾达拉说。"他们有热线电话:1-800-Get-Harvey . "
检察官对辩方的这一描述提出质疑。
“在人民的案件中肯定没有拖延战术,”布隆伯格说。"有几名妇女站出来说她们被被告强奸了。"
温斯坦穿着西装打着领带,剃着光头,坐着法院官员推着的轮椅进入法庭。
艾达拉说,温斯坦的肺部和心脏有积液,脊柱和视力也有问题。他补充说,在被监禁期间,他的糖尿病正在“飙升”。
“他是个病人,”艾达拉说。"他有小孩,想出去走走。"
法伯在之前的一次听证会上告诫辩方在法庭外发表声明,检察官说这些声明是为了恐吓前制作助理米丽娅姆·哈利,温斯坦被判犯有性侵犯罪。她的律师格洛丽亚·奥尔雷德(Gloria Allred)表示,哈利尚未决定是否参加温斯坦的重审。没有她,没有任何新的指控,如果陪审团再次认定他有罪,温斯坦可能面临的刑期不会超过服刑时间。
杰西卡·曼在周二的听证会上旁听,她在温斯坦的审判中提供了详细的证词,称他在五年的时间里多次对她进行性侵犯。
“哈维当时比我有各种优势。考虑到哈维巨大的体重、身高和公牛般的力量,他用这种身体来困住我,不让我离开2020年3月宣判。“哈维不需要使用物理武器来让我生活在恐惧中,如果他有情绪,就会随时准备拔枪。”
温斯坦的信念是四月份被扔了出去在纽约上诉法院发现审判法官“错误地接受了指控的证词,指控之前对潜在罪行的原告以外的人进行了性行为。”法院表示,证词“没有实质性的非倾向性目的”,而且“以高度偏见的眼光描绘了被告。”
曼哈顿地区检察官办公室当时表示,如果据称的受害者愿意再次站出来,它将重审温斯坦。
曼哈顿地方检察官的女发言人阿尔文·布拉格在一份声明中说:“我们将尽一切努力重审此案,并坚定不移地履行我们对性侵幸存者的承诺。”。
温斯坦预计将于7月19日再次出庭。
他在单独战斗强奸罪在洛杉矶,他的辩护律师认为他缺乏公正的审判。在那起案件中,他被判处16年监禁。
Harvey Weinstein raped additional women, prosecutor says, but yet to file new charges
Harvey Weinsteinappeared in Manhattan criminal court on Tuesday, where prosecutors accused him of raping more women than those included in the previous prosecution of the disgraced movie producer.
Prosecutors told Judge Curtis Farber they are still evaluating allegations by women who came forward after Weinstein'sconviction was overturnedon appeal in April, but plan to present the allegations of at least one alleged victim to a grand jury.
"We believe the defendant forcibly raped and sexually abused women in Manhattan that fall within the statute of limitations," Assistant District Attorney Nicole Blumberg said. "There were women in 2020 who were not ready to proceed with the legal process. They are now ready."
Blumberg declined to give Farber a timeline for a decision on new charges, but said she would be ready for a new trial this fall.
Weinstein has denied all allegations of sexual misconduct, and his attorneys have expressed skepticism about any new accusers.
Defense attorney Arthur Aidala accused prosecutors of using delay tactics.
"They have a defendant, and now they're out there looking for a crime," Aidala said. "They're out there with a hotline: 1-800-Get-Harvey."
Prosecutors disputed this characterization by the defense.
"There's certainly no delay tactic in the people's case," Blumberg said. "There were a number of women who came forward to indicate they were raped by the defendant."
Weinstein, who wore a suit and tie with his head closely shaved, entered court in a wheelchair pushed by court officers.
Aidala said Weinstein has fluid in his lungs and heart, as well as issues with his spine and vision. His diabetes is "going through the roof" while he remains incarcerated, he added.
"He's a sick man," Aidala said. "He's got little kids and he wants to get out."
Farber admonished the defense during a previous hearing for making statements outside of court that prosecutors said were meant to intimidate Miriam Haley, a former production assistant who Weinstein was found guilty of sexually assaulting. Her attorney, Gloria Allred, has said Haley has not decided whether to participate in a re-trial of Weinstein. Without her, and absent any new charges, Weinstein would likely face no more than time served if a jury finds him guilty again.
Looking on during Tuesday's hearing was Jessica Mann, who during Weinstein's trial gave detailed testimony saying he repeatedly sexually assaulted her over the course of five years.
"Harvey at the time had every advantage over me. Given the immense physical stature of Harvey's weight, height and ox-like strength -- he used that physicality to trap me and prevent me from leaving," Mann said at hissentencing in March 2020. "Harvey didn't need to use a physical weapon to make me live in fear of the invisible gun to my head ready to be pulled if he felt in the mood."
Weinstein's conviction wasthrown out in Aprilafter the New York Court of Appeals found the trial judge "erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes." The court said that testimony "served no material non-propensity purpose" and "portrayed defendant in a highly prejudicial light."
The Manhattan district attorney's office said at the time it would retry Weinstein if the alleged victims were willing to come forward again.
"We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault," a spokeswoman for Manhattan District Attorney Alvin Bragg said in a statement.
Weinstein is expected back in court on July 19.
He is separately fightinga rape convictionin Los Angeles, where his defense attorneys argued he lacked a fair trial. He was sentenced to 16 years in prison in that case.