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Harvey Weinstein is weighing a guilty plea to settle an undetermined rape charge and avoid a third trial in New York, a judge said Thursday.
But, amid pleas, the disgraced filmmaker told the court: “I know I’ve been dishonest, I know I’ve done wrong, but I didn’t attack anyone.”
Weinstein spoke after Judge Curtis Farber rejected his only bid to overturn a 25-year prison sentence for forcing a woman to perform oral sex in 2006.
The same court acquitted Weinstein of the same charges in 2006 in connection with another woman, and in 2013 failed to rule on a charge of assaulting hairdresser and actress Jessica Mann in a Manhattan hotel.
Weinstein’s lawyers have argued that the verdict handed down in state court in Manhattan last June was tainted by disagreements and bullying among the jurors. Farber denied that and set a new trial date for March 3 on the unresolved third-degree rape charge.
A rape charge carries a sentence of up to four years — less than Weinstein served.
“I am disappointed in today’s decision,” Weinstein told the judge. “You watched the trial and saw how forces beyond my control stripped me of my fundamental right to a fair trial.”
A judge indicted him for entering discussions with a personal agenda, threatening others and spreading false allegations. This, he said, “shatters the hope of independence.”
After Farber handed down the decision, Weinstein’s lawyer, Arthur Aidala, said he wanted to “pursue plea negotiations” before going behind closed doors with the judge, the plaintiffs and other defense attorneys to discuss the case.
Minutes later, Farber returned to the bench and Weinstein said he needed time to think.
Long, curved handle
It’s the latest twist in the former Hollywood honcho’s criminal justice system. His landmark #MeToo-era case spanned seven years, trials in two states, a reversal in one, and a messy retrial in New York last year.
Weinstein has denied all allegations.
The trials were among the most publicized sexual harassment and assault cases of 2017 and the following years, fueling the #MeToo anti-sexist movement. Earlier, Weinstein apologized for “my past behavior with colleagues” and denied ever engaging in any non-consensual sex.
At trial, Weinstein’s attorneys alleged that the women voluntarily accepted the advances in hopes of pursuing careers in show business and then falsely accused him of settlement funds and attention.
The split verdict came last June after several jurors took the unusual step of briefing the judge on behind-the-scenes tensions.
In a series of exchanges in the semi-open courtroom, one judge complained that the other members of the panel had “alienated” him. The former accused the judge of verbally “pushing people” and talking about Weinstein’s “past” in a way the judge thought was inappropriate. However, the third judge commented that discussions were “going well”.
The former man came forward again to complain to the judge that he had been pressured to change his mind, then said he feared for his safety because his co-convict had “looked out for me”. The prior finally refused to continue the consultation.
In court, Farber referred to the confidentiality of ongoing discussions and urged the judges not to reveal “the content or the tenant”. Since the trial, Weinstein’s lawyers have spoken with the first judge who openly complained and another.
Harvey Weinstein was convicted Wednesday on one count of the retrial, but acquitted on the other. He could not be sentenced on a third-degree count of rape.
At the time of the deposition, the two did not believe Weinstein was guilty, but resigned due to verbal abuse from other jurors.
One of them said that after a fellow judge insulted her intelligence and suggested the judge remove her, she called two of her relatives that night and said, “There’s something wrong with this jury trial, so look for me.” All jurors’ identities have been redacted on court records.
Weinstein’s lawyers have argued that the threats poisoned the proceedings, and that Farber didn’t adequately consider them before denying the defense’s confidentiality requests.
Prosecutors asserted that the judge had properly handled claims about “scattered contentious interactions.”
Weinstein, who is in prison in New York, has appealed his rape conviction in Los Angeles.