Harvey Weinstein was not convicted on 11 counts of rape and sexual assault on Monday, as his defense lawyer alleged that prosecutors were training him to “water cannon” to make unfounded allegations against him.
Weinstein was not convicted of the same charges in July, shortly after his extradition from New York to Los Angeles. But prosecutors brought a new charge against him in August to salvage a charge that was dismissed on the grounds of restraint.
Weinstein was again given the wheel in court, wearing a brown prison jumpsuit and a mask under his nose. He spoke only briefly, agreeing to pardon the trial. Until next spring, as soon as possible, a trial cannot be expected.
Weinstein’s attorney, Mark Worksman, said Weinstein was being held at the Twin Towers prison in Los Angeles because of his high profile status and health problems. He said Weinstein was “clearly fighting” the situation, which he said was “like solitary confinement.”
“He can’t walk and he can’t see,” Workman said.
Prosecutors filed a lawsuit Monday in which the court allowed many of Weinstein’s defendants to testify in support of five women whose claims relate to 11 counts. The motion was filed under seal, but prosecutors had previously indicated that they would ask 10-12 such “previous bad deeds” to allow witnesses to testify.
The workersman complained that the DA’s office was “opening fire on Mr. Weinstein through numerous unsubstantiated victims.”
Workersman also filed a motion to dismiss the entire case, arguing that prosecutors failed to present sufficient evidence to the grand jury to bring charges and relied on flawed expert evidence. The grand jury remained under the transcript seal.
Defendants prevailed before dismissing the sexual battery count by restraint due to the constraint constitution, although prosecutors were able to recover the charge by returning to the grand jury. The defense has 30 days to dismiss the allegations.
Hearing is set for a hearing in December.