Harvey Weinstein arrives at a Manhattan courthouse for his rape trial in New York, Friday, Feb. 14, 2020. (AP Photo/Seth Wenig)

Harvey Weinstein arrives at a Manhattan courthouse for his rape trial in New York, Friday, Feb. 14, 2020. (AP Photo/Seth Wenig)

Weinstein jury indicates it is split on most serious counts

Weinstein’s lawyers said they would accept a partial verdict, but prosecutors said no

The jury in Harvey Weinstein’s rape trial indicated Friday that it is deadlocked on the most serious charges, but the judge told the panel it must keep working.

In a note to the judge late in the fourth day of deliberations, jurors asked if it was permissible for them to be hung on one or both counts of predatory sexual assault while reaching a unanimous verdict on the other charges on their complicated verdict sheet.

Weinstein’s lawyers said they would accept a partial verdict, but prosecutors said no and Judge James Burke refused to allow it. He sent jurors back to deliberate for a few more minutes before letting them go home for the weekend. They’ll resume Monday morning.

ALSO READ: Harvey Weinstein indicted on new sex crimes charges in LA

“Just remember you are in a critical stage, you are in the process of deliberations and you are not sequestered,” Burke told the panel of seven men and five women.

The jury has been particularly focused on the key aspect of the predatory sexual assault counts that Weinstein is facing: “Sopranos” actress Annabella Sciorra’s allegations that Weinstein raped and forcibly performed oral sex on her in the mid-1990s. Those charges carry a maximum penalty of life in prison.

In all, Weinstein, 67, is charged with five counts stemming from the allegations of Sciorra and two other women — an aspiring actress who says he raped her in March 2013 and a former film and TV production assistant, Mimi Haleyi, who says he forcibly performed oral sex on her in March 2006.

To convict Weinstein of a predatory sexual assault charge, jurors must agree on two things: that Weinstein sexually assaulted Sciorrain some way and that he committed one of the other charged offences. The predatory sexual assault charge requires prosecutors to show that a defendant committed a prior rape or other sex crime, but doesn’t have the statue of limitation constraints that would bar Sciorra’s allegations from consideration on their own.

Weinstein has maintained any sexual encounters were consensual.

The Associated Press has a policy of not publishing the names of people who allege sexual assault without their consent. It is withholding the name of the 2013 rape accuser because it isn’t clear whether she wishes to be identified publicly.

Jurors started the day Friday by listening to a reading of Sciorra’s cross-examination and follow-up questioning by prosecutors. About 90 minutes into the reading, the jurors notified the judge they had “heard enough” and resumed their deliberations.

Sciorra testified nearly a month ago. She was the first accuser to do so in the closely watched #MeToo trial.

The jury has already focused on emails that Weinstein sent regarding Sciorra, including ones to the private Israeli spy agency he allegedly enlisted to dig up dirt on would-be accusers as reporters were working on stories about allegations against him in 2017.

READ MORE: One year after Weinstein, Hollywood is still soul-searching

Sciorra, now 59, told jurors how the once-powerful movie mogul showed up unexpectedly at the door of her Manhattan apartment before barging in and raping and forcibly performing oral sex on her in late 1993 or early 1994.

On cross-examination, Sciorra was grilled about why she opened her door in the first place and didn’t find a way to escape if she was under attack.

Weinstein lawyer Donna Rotunno asked: “Why didn’t you try to run out of the apartment? Did you scratch him? Try to poke him in the eyes?”

Prosecutors say Sciorra weighed only about 110 pounds (50 kilograms) in those days, making her no match for the 300-pound (135-kilogram) Weinstein.

“He was too big” to fight off, she told the jury. “He was frightening.”

Sciorra went public in a story in The New Yorker in October 2017 after one of the few people she says she told about the incident, actress Rosie Perez, got word to reporter Ronan Farrow that he should call her.

Sciorra didn’t get involved in the criminal case until later. Her allegations weren’t part of the original indictment when Weinstein was arrested in May 2018, but after some legal shuffling they were included in an updated one last August.

Weinstein’s lawyers fought to get her nixed from the case in the run-up to the trial, arguing to no avail that prosecutors shouldn’t be allowed to use her claims because they predated the enactment of the predatory sexual assault charge in 2006.

Weinstein’s lawyers have also argued that it’s plainly unfair to make the producer defend himself against something alleged to have happened more than a quarter-century ago. They contend prosecutors shoehorned Sciorra into the case to get a marquee name on the witness stand.

“Annabella was brought into this case for one reason and one reason only,” Rotunno said in her closing argument last week. “She was brought in so there would be one witness who had some star power, one witness you may recognize and one witness whose name may mean something.”

Tom Hays And Michael R. Sisak, The Associated Press

Like us on Facebook and follow us on Twitter.

Court

Just Posted

(Advocate file photo)
Red Deer down to 102 active COVID-19 cases

Central zone has 332 cases with 26 in hospital and five in ICU

Photo Courtesy of the Town of Sylvan Lake
Multiple edible parks found throughout Sylvan Lake

Apple trees, berry bushes and more have been planted in various parks around town

Curtis Labelle. (Photo Submitted)
More exciting music to come from Sylvan Lake’s Curtis Labelle

Curtis Labelle has been called Canadian Elton John or Billy Joel by fans

The Government of Alberta identified 115 new COVID-19 cases Sunday, bringing the provincial total to 3,089.
(Black Press file photo)
Red Deer COVID cases continue to fall

114 cases in Red Deer, down one from Saturday

Maskwacis Pride crosswalk (Left to right): Montana First Nation Councillor Reggie Rabbit, Samson Cree Nation Councillor Louise Omeasoo, Samson Cree Nation Councillor Katherine Swampy, Samson Cree Nation Councillor Shannon Buffalo, Samson Cree Nation Chief Vern Saddleback.
Pride in Maskwacis

The 4th inaugural Maskwacis Pride crosswalk painting took place on Saturday June 12th, 2021

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

Three calves were recently shot dead in Lacombe County near Mirror. (Photo from Facebook)
Calves shot and left for dead in central Alberta

Bashaw RCMP investigating three shootings

Tuesday’s Lotto Max draw went unclaimed. (Photo courtesy of BCLC)
Tuesday’s Lotto Max draw went unclaimed. (Photo courtesy of BCLC)
Lotto Max jackpot goes unclaimed again

42 of the 64 Maxmillion prizes of $1 million were won, the majority were sold in Ontario

FILE - This July 6, 2017 file photo shows prescription drugs in a glass flask at the state crime lab in Taylorsville, Utah. (AP Photo/Rick Bowmer, File)
Contaminants in generic drugs may cause long-term harm to DNA: B.C. researcher

Scientist says findings suggest high volume overseas facilities require strict regulation

(Black Press Media file)
Dirty money: Canadian currency the most germ-filled in the world, survey suggests

Canadian plastic currency was found to contain 209 bacterial cultures

A worker, at left, tends to a customer at a cosmetics shop amid the COVID-19 pandemic Thursday, May 20, 2021, in Los Angeles. (AP Photo/Marcio Jose Sanchez)
Half of cosmetics sold in Canada, U.S. contain toxic chemicals: study

Researchers found that 56% of foundations and eye products contain high levels of fluorine

Annamie Paul, leader of the Green Party of Canada, speaks at a news conference on Parliament Hill in Ottawa, on June 10, 2021. THE CANADIAN PRESS/Justin Tang
Green Leader Annamie Paul facing no-confidence motion from party brass

move follows months of internal strife and the defection of MP Jenica Atwin to the Liberals

Tulips bloom in front of the Supreme Court of Canada in Ottawa, Thursday, May 10, 2018. Day two of a full week of scheduled hearings will be heard in Federal Court today on a case involving Indigenous children unnecessarily taken into foster care by what all parties call Canada’s “broken child welfare system.” THE CANADIAN PRESS/Sean Kilpatrick
AFN slams Ottawa for ‘heartless’ legal challenge of First Nations child compensation

2019 decision awarded $40,000 to each Indigenous child removed before 2006

A health-care worker holds up a sign signalling she needs more COVID-19 vaccines at the ‘hockey hub’ mass vaccination facility at the CAA Centre during the COVID-19 pandemic in Brampton, Ont., on Friday, June 4, 2021. This NHL-sized hockey rink is one of CanadaÕs largest vaccination centres. THE CANADIAN PRESS/Nathan Denette
‘Vaxxed to the max’: Feds launch Ask an Expert campaign to encourage COVID shots

Survey shows that confidence in vaccines has risen this spring

Most Read